Kuzuf v. Gebhardt

I would affirm the judgment.

The question is whether the trial court was justified in its award of a new trial to plaintiff on any of the grounds specified. Davis v. Perkins, 512 S.W.2d 868 (Mo.App.1974). One such ground was that the submission of plaintiff’s contributory negligence did not accurately define plaintiff’s duty of care for his own safety.

In Gaylor v. Wiensehienk, 221 Mo.App. 285, 283 S.W. 464 (1926), a street worker knelt in a busy intersection to adjust and grease railway tracks. While engrossed in his work, he was struck by a truck. In rejection of an argument that plaintiff…