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SMITH v. MISSOURI HIGHWAYS AND TRANSP.

No. SD 31590.

372 S.W.3d 90 (2012)

Sherry SMITH and Donna Triplett, Plaintiffs-Respondents, v. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Reconsideration and Transfer Denied May 21, 2012.

Application for Transfer Denied August 14, 2012.

Attorney(s) appearing for the Case

Kevin P. Schnurbusch , St. Louis, MO, for Appellant.

William K. Holland , St. Louis, MO Division II, for Respondents.

JEFFREY W. BATES, Judge.

This is an interlocutory appeal from an order granting class action certification. See Rule 84.035; § 512.020(3).1 The Missouri Highways and Transportation Commission (the Commission) contends the trial court abused its discretion in certifying a class action with a plaintiff class consisting of all persons who sustained injuries or property damage during a five-year period as a result of wet-pavement...

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