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BUTTS v. MISSOURI DEPT. OF CONSERVATION

No. SD 29444.

301 S.W.3d 517 (2009)

Bill BUTTS, and Debra Butts, Plaintiffs-Appellants, v. MISSOURI DEPARTMENT OF CONSERVATION, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

Rehearing Denied November 30, 2009.

Application for Transfer Denied January 26, 2010.

Attorney(s) appearing for the Case

Thomas G. Morissey, Springfield, MO, for Plaintiffs-Appellants.

David A. McAllister, Jefferson City, MO, for Defendant-Respondent.

DON E. BURRELL, Judge.

Bill Butts ("Bill") and his wife, Debra Butts ("Debra") (collectively "Plaintiffs"), brought claims for personal injury and loss of consortium, respectively, against the Missouri Department of Conservation ("Defendant"), alleging Bill suffered physical injuries when he tripped in the dark over a chain Defendant had negligently placed between two poles. After a jury trial, the trial court accepted the jury's verdict and entered a judgment in...

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