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LIVINGSTON v. BAXTER HEALTH CARE CORP.

Nos. WD 71257, WD 71312.

313 S.W.3d 717 (2010)

Sara LIVINGSTON, et al., Appellant-Respondents, v. BAXTER HEALTH CARE CORPORATION, Respondent-Appellant.

Missouri Court of Appeals, Western District.

June 22, 2010.

Attorney(s) appearing for the Case

Robert W. Tormohlen, for Appellant-Respondent.

Paul P. Hasty, Jr., for Respondent-Appellant.

Before Division Two: MARK D. PFEIFFER, Presiding Judge, VICTOR C. HOWARD, Judge and ALOK AHUJA, Judge.

VICTOR C. HOWARD, Judge.

The heirs of Ruth Baxter appeal the trial court's judgment upon a jury verdict awarding them a total of $500,000 on their wrongful death and pain and suffering claims against Baxter Health Care Corporation ("BHCC"). They claim that the trial court erred in: (1) applying Kansas's statutory limits on non-economic damages; and (2) denying the heirs' motion for judgment notwithstanding the verdict because BHCC failed to make a submissible case...

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