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BENNARTZ v. CITY OF COLUMBIA

No. WD 70457.

300 S.W.3d 251 (2009)

Donny BENNARTZ, Respondent, v. CITY OF COLUMBIA, Missouri, Appellant.

Missouri Court of Appeals, Western District.

December 22, 2009.

Attorney(s) appearing for the Case

Robert J. Krehbiel, St. Louis, MO, for Appellant.

George S. Smith and Randall B. Johnston, Columbia, MO, for Respondent.

Before Division III: THOMAS H. NEWTON, Chief Judge, and MARK D. PFEIFFER and KAREN KING MITCHELL, Judges.

KAREN KING MITCHELL, Judge.

This is an appeal from a judgment of the Circuit Court of Boone County ("trial court") for respondent Donny Bennartz ("Bennartz") following a jury verdict awarding Bennartz $68,000. We reverse the judgment of the trial court dated September 9, 2008.

Factual and Procedural Background1

In the fall of 1996 or 1997, Bennartz was hired by the City of Columbia ("City") to work as a water utility...

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