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WHEELER EX REL. WHEELER v. PHENIX

No. SD 30371.

335 S.W.3d 504 (2011)

Desiree WHEELER, by and through Limited Co-Conservators, Sandy WHEELER and Rob Wheeler, Plaintiff-Respondent, v. Michael L. PHENIX, Defendant, and City of West Plains, Missouri, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

February 8, 2011.

Attorney(s) appearing for the Case

Warren E. Harris , Springfield, MO, for Appellant.

H. Lynn Henry , West Plains, MO, for Respondent.

WILLIAM W. FRANCIS, JR., Judge.

The City of West Plains, Missouri ("Appellant"), appeals from a judgment entered against it in the amount of $162,500 following a two-day jury trial. We affirm the judgment of the trial court.

Factual and Procedural Background

On April 11, 2006, Desiree Wheeler ("Respondent") was a passenger in a vehicle being driven by Frances Ness ("Ness") in the city limits of West Plains, Missouri. The Ness vehicle was eastbound...

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