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BURNS v. SMITH

No. SC 90041.

303 S.W.3d 505 (2010)

Eric D. BURNS, Respondent, v. Lynn M. SMITH, Defendant, and Farmers Alliance Mutual Insurance Company of Kansas, Appellant.

Supreme Court of Missouri, En Banc.

January 26, 2010.

Attorney(s) appearing for the Case

Thomas C. Walsh, Bryan Cave LLP, St. Louis. MO, Deborah K. Dodge, Hall, Ansley, Rodgers & Sweeney, P.C., Springfield, MO, for Appellant.

Anthony L. DeWitt, Edward D. Robertson, Bartimus, Frickleton, Robertson & Gorny, P.C., Jefferson City, MO, Michael D. Holzknecht, Paul L. Redfearn, Redfearn Law Firm, P.C., Kansas City, MO, for Respondent.

LAURA DENVIR STITH, Judge.

Eric Burns recovered a $2,044,278 judgment against Lynn Smith for damages he received when a weld that Mr. Smith had placed on a cement mixer failed, causing the truck to explode and seriously injure its driver, Mr. Burns. Mr. Burns then filed this equitable garnishment action against Mr. Smith's insurance policies with Farmers Alliance Mutual Insurance and Oak River Insurance Company, neither of which had provided a defense. Farmers appeals...

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