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KASPER v. WELHOFF

No. WD 69329.

298 S.W.3d 59 (2009)

David KASPER, Et Ux., Appellants, v. Randall W. WELHOFF, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 27, 2009.

As Modified October 27, 2009.

Application for Transfer Denied December 22, 2009.

Attorney(s) appearing for the Case

Matthew J. Hamilton, Esq., Pleasant Hill, for Appellants.

Jane A. Landrum, Esq., Kansas City, MO, for Respondent Matthew J. Hamilton.

Michael T. Halloram, Esq., Overland Park, KS for Respondent Jerry Click.

Mark D. Chuning, Esq., Kansas City, MO, for Respondent Randall Welhoff.

William M. Mallory, Esq., Overland Park, KS for Respondent Wilma Strickland.

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

ALOK AHUJA, Judge.

Plaintiffs-Appellants David and Rhonda Kasper appeal from the circuit court's entry of summary judgment in favor of Defendants-Respondents Jerry Click, Randall Welhoff, Charlene Tolly, and Wilma Strickland. For the reasons set forth below, we reverse, and remand the case to the circuit court for further proceedings.

Factual Background

This case arises out of a five-car collision that occurred on Missouri Highway 291, a

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