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DORRIS v. KOHL

No. WD 71600.

337 S.W.3d 107 (2011)

Dustin Ray DORRIS, Respondent, v. Samuel L. KOHL, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 2011.

Application for Transfer Denied May 31, 2011.

Attorney(s) appearing for the Case

Russell F. Watters , Bradley Hansmann , Ireme Marusic , and Patrick Bousquet , St. Louis, MO, for appellant.

Stephen K. Nordyke , Butler, MO, for respondent.

Before: JOSEPH M. ELLIS, P.J., and ALOK AHUJA and KAREN KING MITCHELL, JJ.

ALOK AHUJA, Judge.

Dustin Dorris lost several of the toes on his left foot in an accident in a feed mill owned by his employer Samuel Kohl. Dorris brought an action claiming negligence per se, based on Kohl's alleged violation of a provision of the "Factory Act," § 292.020.1 A jury returned a verdict in favor of Kohl. The trial court set the verdict aside as against the weight of the evidence, and granted Dorris a new trial...

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