McHaffie ex rel. Wieland v. Bunch

This appeal comes after the retrial of this case subsequent to the Supreme Court’s opinion in McHaffie v. Bunch, 891 S.W.2d 822 (Mo. banc 1995) (McHaffie I). That opinion should be read as a preface to this opinion.

McHaffie I upheld the jury’s allocation of 10 percent fault to Plaintiff McHaffie and 70 percent fault to Defendant Bunch. However, the Supreme Court reversed that part of the judgment which assessed 20 percent fault to Defendants Farmer, Rumble and Bruce. A retrial was ordered to allocate the 20 percent of fault previously attributed to the latter three defendants. Finding no…