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TALLEY v. SWIFT TRANSP. CO.

No. WD 71901.

320 S.W.3d 752 (2010)

Michael S. TALLEY, Respondent, v. SWIFT TRANSPORTATION CO., et al., Appellant.

Missouri Court of Appeals, Western District.

September 28, 2010.

Attorney(s) appearing for the Case

James R. Jarrow , for Appellant.

Stephen J. Voorhees , for Respondent.

Before Division Three: VICTOR C. HOWARD, Presiding Judge, THOMAS H. NEWTON, Judge and GARY D. WITT, Judge.

VICTOR C. HOWARD, Judge.

Swift Transportation Company and Bryan Atha (collectively referred to as "Swift") appeal the trial court's grant of Michael Talley's motion for a new trial. On appeal, Swift contends that the trial court erred in granting Mr. Talley's motion because: (1) the verdict was not against the weight of the evidence; (2) there was sufficient evidence to support the submission of Swift's comparative fault instruction; (3) the granting of a new trial...

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