SPARKMAN v. COLUMBIA MUT. INS. CO.

No. SD 28891.

271 S.W.3d 619 (2008)

Lisa SPARKMAN, Plaintiff-Respondent, v. COLUMBIA MUTUAL INSURANCE CO., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

December 8, 2008.


Attorney(s) appearing for the Case

Bradley R. Hansmann and T. Michael Ward, Brown & James, P.C., St. Louis, MO, for Appellant.

John L. Cook, Cook, Barkett, Maguire & Ponder, L.C., Cape Girardeau, MO, for Respondent.


GARY W. LYNCH, Chief Judge.

Columbia Mutual Insurance Company ("Columbia Mutual") appeals the trial court's judgment on a jury verdict in favor of Lisa Sparkman. Columbia Mutual contends, first, that the trial court erred in excluding the testimony of Marcus Gross because the exclusion amounted to an impermissible credibility determination by the trial court and his testimony was otherwise admissible under an exception to the hearsay rule, and, second, that the trial...

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