[Download] "Donald Dean Jones v. Midwest Pre Cote" by Supreme Court of Missouri " Book PDF Kindle ePub Free

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eBook details

• Title: Donald Dean Jones v. Midwest Pre Cote
• Author : Supreme Court of Missouri
• Release Date : January 13, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Plaintiff recovered a verdict and judgment for $25,000.00 for personal injuries sustained in a collision which occurred in an underground limestone quarry of defendant between a truck operated by plaintiff and a vehicle called a ""dumpster"" operated by an employee of defendant. Defendant's Motion for New Trial was sustained by the trial court for the sole reason that the verdict of the jury was a quotient verdict. Plaintiff has perfected this appeal from the trial court's order granting defendant a new trial assigning as error the finding of the trial court that the verdict of the jury was a quotient verdict. Defendant contends that the order granting a new trial was proper not only for the stated reason of the trial court but for the additional reason that Instruction No. 3 offered by plaintiff and given by the court was erroneous because there was no evidence to support one theory of negligence submitted in the instruction. Plaintiff, a truck driver employed by an independent contractor, was injured on August 31, 1962, in a collision between the truck he was operating and a vehicle called a dumpster operated by an employee of defendant. The accident occurred in an underground rock quarry owned and operated by defendant. Plaintiff was driving in a westerly direction along a roadway inside the quarry approaching an intersecting north-south roadway. Clarence Owens, an employee of defendant, driving a dumpster, a vehicle used for hauling rock inside the mine, was driving in a northerly direction on the north-south roadway. The dumpster turned right at the intersection to proceed east and in making the turn the left front corner of the dumpster collided with the left side of the bed and left rear wheel of plaintiff's truck. Plaintiff was thrown out of the right door of the cab of his truck by the force of the impact.

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