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TUCKER v. MISSOURI HIGHWAYS

No. WD 67892.

250 S.W.3d 373 (2008)

Vicey TUCKER, Appellant, v. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Respondent, Jeffrey Campbell, Jr., Defendant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 4, 2008.

As Modified March 4, 2008.

Application for Transfer Denied May 20, 2008.

Attorney(s) appearing for the Case

Zachary T. Cartwright, Jr., Jefferson City, MO, Robb A. Denney, Co-Counsel, Lee's Summit, MO, for Respondent.

John W. Kurtz, Kansas City, MO, for Appellant.

Before: HOWARD, C.J., and BRECKENRIDGE and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 4, 2008.

VICTOR C. HOWARD, Chief Judge.

Vicey Tucker, appeals a judgment of the circuit court which granted the Missouri Highways and Transportation Commission's (MHTC) motion for summary judgment in her action for the wrongful death of her daughter, Ebony. As she drove underneath the unenclosed Lister overpass on Interstate 70, Ebony died after being struck by debris thrown from above. MHTC...

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