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BAILEY v. HAWTHORN BANK

Nos. WD 74240, WD 74278.

382 S.W.3d 84 (2012)

Edward E. BAILEY, et al., Appellants-Respondents, v. HAWTHORN BANK, Respondent-Appellant.

Missouri Court of Appeals, Western District.

As Modified October 2, 2012.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 2, 2012.

Application for Transfer Denied November 20, 2012.

Attorney(s) appearing for the Case

Robert J. Bjerg , Overland Park, KS, for appellants-respondents.

Mark M. Iba , Robin K. Carlson , and Megan McCurdy , Kansas City, MO, for respondent-appellant.

Before Division One: JAMES M. SMART, JR., Presiding Judge, LISA WHITE HARDWICK, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Hawthorn Bank ("Bank") appeals following a jury trial in which a verdict was rendered in favor of the plaintiffs, Edward Bailey ("Bailey") and Darlene Briggs ("Briggs").1 Plaintiffs cross-appeal.2

For the reasons explained below, we affirm in part, and reverse in part.

Factual Background

Since 2000, Bailey owned a business in Lee's Summit, Missouri called Bailey...

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