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GUMPANBERGER v. JAKOB

No. ED 89519.

241 S.W.3d 843 (2007)

Tomacena GUMPANBERGER, Respondent, v. Bill JAKOB, et al., Appellant.

Missouri Court of Appeals, Eastern District, Division One.

December 26, 2007.

Attorney(s) appearing for the Case

Jessica M. Mikale, Jason. Cordes, Hillsboro, MO,, for appellant.

Dwayne A. Johnson, St. Peters, MO, for respondent.

KENNETH M. ROMINES, Judge.

Introduction

This is a wrongful death case. Our inquiry concerns the verdict directing instruction. We find that the instruction tendered and given misled the jury in at least two material respects. Thus, we reverse and remand for a new trial.

Factual and Procedural Background

Sadly the facts of this case—a child darting into the roadway—are neither unique nor uncommon. The accident...

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