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By stan_sipple

Missouri Court of Appeals Eastern District reverses wrongful death jury verdict that was in favor of deceased child run over on the highway when Plaintiff's verdict director instruction deviated from approved MAI 17.00 series of instructions, submitted an instruction on excessive speed when there was no evidence of excessive speed, and instructed the defendant's conjunctive liability for excessive speed and failure to use appropriate care. Tomacena Gumpanberger, Respondent, v. Bill Jakob, et al., Appellant: ED89519Defendant on appeal objected to the first part of plaintiff child's estate's verdict director that stated:

" Defendant was traveling too fast for the conditions, Defendant knew or by the use of the highest degree of care could have known that there was a reasonable likelihood of collision in time thereafter to have stopped or swerved or slackened speed or slackened speed and swerved but defendant failed to do so."

"The jury instruction in the present case varies from the language of any acceptable MAI, and no evidence exists to support the speed Instruction offered." Also the appeals court disapproves of the verdict director's suggestion of conjunctive liability: "The practice of submitting dual or multiple theories of recovery or defense in the conjunctive is prohibited," and is reversible error. Strickland v. Barker, 436 S.W.2d 37, 40 (Mo. 1969)"

Full post as published by Showmeblawgs on January 01, 2008 (boomark / email).