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WILEY v. HOMFELD

Nos. WD 69560, WD 69599.

307 S.W.3d 145 (2009)

Lauren N. WILEY, Appellant-Respondent, v. Ryland R. HOMFELD, Respondent-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 22, 2009.

Application for Transfer Denied April 20, 2010.

Attorney(s) appearing for the Case

Edward D. Robertson, for Appellant-Respondent.

Nikki Cannezzaro, for Respondent-Appellant.

Before Court En Banc: THOMAS H. NEWTON, Chief Judge, JAMES E. SMART, JR., Judge, JOSEPH M. ELLIS, Judge, VICTOR C. HOWARD, Judge, LISA WHITE HARDWICK, Judge, JAMES E. WELSH, Judge, ALOK AHUJA, Judge, MARK D. PFEIFFER, Judge and KAREN KING MITCHELL, Judge.

JOSEPH M. ELLIS, Judge.

Lauren Wiley appeals the circuit court's entry of remittitur and final judgment in her negligence action against Ryland Homfeld, contending that the circuit court erred because: (1) it failed to give Ms. Wiley an opportunity to consent to remittitur or to request a new trial, and (2) it abused its discretion in remitting the jury's verdict. Mr. Homfeld cross-appeals claiming that the circuit court erred in permitting Dr. John Scowley to testify...

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