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HORNER v. FEDEX GROUND PACKAGE SYSTEM INC.

No. WD 68043.

258 S.W.3d 532 (2008)

Frank HORNER and Cherrie Horner, Respondents, v. FEDEX GROUND PACKAGE SYSTEM INC., Appellant.

Missouri Court of Appeals, Western District.

July 15, 2008.

Attorney(s) appearing for the Case

Anthony F. Rupp, Jay Heidrick (Cocounsel), Overland Park, KS, William E. Quirk (Co-counsel), Kansas City, MO, for Appellant.

Michael S. Ketchmark, Scott A. McCreight (Co-counsel), Bradley K. Kavanaugh (Co-counsel), Kansas City, MO, for Respondents.

Before VICTOR C. HOWARD, C.J., JAMES E. WELSH, and ALOK AHUJA, JJ.

ALOK AHUJA, Judge.

I. Introduction

On March 25, 2003, Respondent Frank Horner ("Horner") was injured in a collision between his car and a semi-truck-tractor driven by Scott Allen ("Allen"), an employee of M & C Unlimited LLC ("M & C"). At the time of the accident, M & C was under an exclusive lease agreement to provide trucking services to Appellant, FedEx Ground Package System, Inc. ("FedEx Ground"), an interstate motor carrier certified by...

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