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BRYAN v. PEPPERS

No. SD 30068.

323 S.W.3d 70 (2010)

Hugh BRYAN, Appellant, v. Joseph PEPPERS, Defendant, and State Farm Mutual Automobile Insurance Company, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer to Supreme Court Denied October 20, 2010.

Application for Transfer Denied November 16, 2010.

Attorney(s) appearing for the Case

Steven E. Marsh , Hulston, Jones & Marsh, Springfield, for Appellant.

Monte P. Clithero , Kevin M. FitzGerald , Taylor, Stafford, Clithero, Fitzgerald & Harris, Springfield, for Respondent.

DANIEL E. SCOTT, Chief Judge.

This is the second appeal of this case. See Bryan v. Peppers, 175 S.W.3d 714 (Mo.App.2005)(Bryan I), from which we freely borrow without further attribution.

Factual and Procedural Background

On April 13, 1997, Hugh Bryan was driving his truck on Highway 65 south of Branson. The road was straight and flat with clear visibility ahead. Bryan brought his truck to a...

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