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LITTLETON v. McNEELY

No. 07-3478.

562 F.3d 880 (2009)

Michael LITTLETON; Gerri Littleton, Plaintiffs/Appellees, v. Brandon McNEELY, Defendant/Appellant, Brandon McNeely, Third Party Plaintiff/Appellant, v. Robert Smedley, Third Party Defendant/Appellee, Lisa A. Smedley, Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2009.

Attorney(s) appearing for the Case

Paul P. Hasty, Jr., Schmitt Manz Swanson & Mulhern, P.C., Overland Park, KS, argued (Theresa Shean Hall, on the brief) for appellant Brandon McNeely.

David R. Adair, Haden, Cowherd & Bullock, L.L.C., Springfield, MO, argued, for appellee Robert Smedley.

Eric G. Jensen, O'Reilly & Jensen, L.L.C., Springfield, MO, argued, for appellees Michael Littleton and Gerri Littleton.

Before RILEY, BOWMAN, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

This case arises from the collision of two boats on the Lake of the Ozarks on June 19, 2005. One boat was driven and occupied by Brandon McNeely (McNeely). The other boat was owned by Robert Smedley and occupied by Robert Smedley, Michael Littleton, and their wives, Lisa Smedley and Gerri Littleton.

A jury found McNeely 45% at fault for the collision and Michael Littleton, who had been driving Robert Smedley's boat moments before the...

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