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FOSKET v. CITY OF DIXON

No. SD 32084.

398 S.W.3d 571 (2013)

Sheila FOSKET, Appellant, v. CITY OF DIXON, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 15, 2013.

Application for Transfer Denied May 28, 2013.

Attorney(s) appearing for the Case

Spencer E. Farris , St. Louis, MO, for appellant.

Deborah A. Meyer , and Brenda K. Achenbach , St. Louis, MO, for respondent.

WILLIAM W. FRANCIS, JR., J.

Sheila Fosket ("Fosket") filed suit against the City of Dixon ("City") alleging City was negligent for injuries she sustained when she fell after stepping on a manhole cover on a street under the custody and control of City. Following submission of Fosket's evidence, Fosket moved to amend her pleadings to add a res ipsa loquitur claim against City based on the evidence at trial. The trial court denied her motion. The jury returned...

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