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BANNER EX REL. BOLDUC v. OWSLEY

No. SD 29802.

305 S.W.3d 498 (2010)

Richard BANNER, a minor child by and through his duly appointed conservator, Joy BOLDUC, Appellant, and Oksun Sheaffer, Plaintiff, v. Beverly OWSLEY, Defendant, and Brandy Sheaffer and Brooke Sheaffer, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

March 8, 2010.

Attorney(s) appearing for the Case

Eric M. Belk, Springfield, MO, for appellant.

Richard L. Schnake, Neale & Newman, LLP, Springfield, MO, Gary L. Smith, Steve Jackson, Smith Jackson, LLC, Lebanon, MO, for respondent.

NEAL QUITNO, Special Judge.

This is an appeal of a judgment apportioning the settlement proceeds in a wrongful death cause of action. Richard Banner, a minor child of Steven Sheaffer (decedent) appeals. He contends the apportionment was an abuse of discretion.

Decedent died as a result of injuries sustained in an automobile accident on September 28, 2007, involving Beverly Owsley (defendant). Decedent was survived by his mother, Oksun Sheaffer, his wife, Brandy...

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