(DOWNLOAD) "Kimberly Stephenson v. Thomas E. Mcclure" by Missouri Court of Appeals Southern District ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kimberly Stephenson v. Thomas E. Mcclure
- Author : Missouri Court of Appeals Southern District
- Release Date : January 29, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In this personal injury action one defendant (the appellant) settled with the minor plaintiff taking a general release. By
his first amended cross-claim, the appellant seeks to recover from the other defendant (the respondent) all or part of the
amount paid by the appellant as consideration for the release. The trial court sustained the respondent's motion to dismiss
the cross-claim. The appellant (settling defendant) has appealed, basing his right to recover upon the authority of Missouri
Pac. R. Co. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. banc 1978); hereafter referred to as Whitehead and Kales. By her petition, the minor plaintiff alleged that she was riding in a southbound motor vehicle driven by the respondent's
decedent when a northbound motor vehicle driven by the appellant collided with the vehicle in which she was riding. In one
paragraph she charged the respondent's decedent with 11 acts of negligence, including driving on the wrong side of the road
and humanitarian negligence. In a succeeding paragraph, she charged the appellant with identical acts of negligence. She then
alleged that as a result of the negligence of the respondent's decedent and the appellant "and each of them", she was seriously
injured and prayed judgments against the defendants and each of them. Each defendant filed a general denial. The appellant
then filed a cross-claim against the respondent. This cross-claim made reference to the parties and alleged that if both the
appellant and respondent were found to be liable to the plaintiff, the respondent would be liable to the appellant "by way
of contribution" for such part of the judgment as the jury may determine to have resulted from the negligence of the respondent.
The cross-claim prayed for judgment in accordance with those allegations.