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EMERSON v. GARVIN GROUP, LLC

No. ED 98536.

399 S.W.3d 42 (2013)

June EMERSON, Appellant, v. The GARVIN GROUP, LLC, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

April 23, 2013.

Attorney(s) appearing for the Case

Gary A. Growe , Teneil L. Kellerman , Saint Louis, MO, for Appellant.

Amy M. Surber , Maryland Heights, MO, for Respondent.

OPINION

GLENN A. NORTON, J.

June Emerson appeals the judgment entered upon the jury verdict finding The Garvin Group, LLC ("Garvin") twenty percent liable in Emerson's negligence action and assessing total damages at $15,000. This appeal raises the issue of first impression of whether evidence of subsequent remedial measures taken by a non-party is admissible in a negligence action. We reverse and remand.

I. BACKGROUND

Emerson performed...

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