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PRESTON v. AMERICAN FAMILY MUT. INS. CO.

No. ED 94294.

325 S.W.3d 485 (2010)

Andrew PRESTON and Rebecca Preston, Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 2010.

Application for Transfer Denied December 21, 2010.

Attorney(s) appearing for the Case

Brian S. McChesney , Craig M. Ortwerth , St. Louis, MO, for Appellant.

Kimberly A. Maschmeyer , St. Louis, MO, for Respondent.

ROY L. RICHTER, C.J.

Andrew Preston ("Preston") appeals the trial court's decision granting American Family Mutual Insurance Co.'s ("American Family") Motion for Summary Judgment ("motion"). We reverse and remand.

I. BACKGROUND

On September 27, 2003, Preston, 13 years old at the time, was riding his bicycle at the intersection of Fee Fee Road and Midland. Preston, wanting to cross Fee Fee Road on his bicycle, looked for an opportunity to cross. A...

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