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HERRINGTON v. MEDEVAC MEDICAL RESPONSE

No. WD 75618.

438 S.W.3d 417 (2014)

Craig HERRINGTON, Respondent, v. MEDEVAC MEDICAL RESPONSE, INC., Appellant.

Missouri Court of Appeals, Western District.

As Modified April 29, 2014.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 2014.

Application for Transfer Denied August 19, 2014.

Attorney(s) appearing for the Case

Susan Robertson , Kansas City, MO, Counsel for Appellant.

J. Zachary Bickel , Kansas City, MO, Co-Counsel for Appellant.

Paul Hasty, Jr. , Overland Park, KS, Co-Counsel for Appellant.

Steven Groves , St. Louis, MO Counsel for Respondent.

David Zevan , St. Louis, MO Co-Counsel for Respondent.

Thomas Jones , Kansas City, MO Co-Counsel for Respondent.

Before Division Three: ANTHONY R. GABBERT, P.J., VICTOR C. HOWARD, and THOMAS H. NEWTON, JJ.

THOMAS H. NEWTON, Judge.

Summary

Medevac Medical Response, Inc. (Medevac) appeals for a new trial, based upon the trial court's refusal to instruct the jury on comparative fault and submission of a negligence claim for failure to keep a careful lookout. We affirm.

Factual and Procedural Background

In 2009, Mr. Craig Herrington was a locomotive engineer for Amtrak, with a railroad career that spanned more than 30 years. His route ran between...

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