Legal Opinion · Dissent

Thurman v. Anderson

Supreme Court of Missouri

Decided June 25, 1985No. 66619Published

1DissentDonnelly, Judge

In my view, there was sufficient evidence to submit to the jury the issue of plaintiff Carol Thurman’s contributory negligence for failing to maintain a proper lookout.

In considering whether or not a submissi-ble case was made, we view all the evidence in the light most favorable to the offering party, defendant in this case, giving that party the benefit of all favorable inferences reasonably drawn therefrom and disregarding evidence to the contrary. Berry v. Harmon, 329 S.W.2d 784, 789 (Mo.1959); Stanfill v. City of Richmond Heights, 605 S.W.2d 501, 502 (Mo.App.1980). Generally speaking,…

2Cases cited4 opinions

  1. Berry v. HarmonSupreme Court of Missouri · 1959
  2. Welch v. SheleySupreme Court of Missouri · 1969
  3. Stanfill v. City of Richmond HeightsMissouri Court of Appeals · 1980
  4. McColgin v. MorganMissouri Court of Appeals · 1979

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