Legal Opinion · Dissent

American Family Mutual Insurance Co. v. Lacy

Missouri Court of Appeals

Decided April 1, 1992No. WD 43112Published

1DissentFenner, Judge

I respectfully dissent. I believe that the evidence was sufficient to avoid summary judgment.

My disagreement with the majority is in regard to the admissibility and probative effect of Deputy Sheriff Cook’s statements that “it sure looked like he [Staffers, who was American Family’s insured] lined it up and just hit that car head on,” and that he saw Staffers’ car “going straight for the blue [Turner] vehicle at a high rate of speed,” as well as defendant Turner’s statement that although he (Turner) attempted to pull over to avoid Staffers, the Staffers car moved from its traffic lane and…

2Cases cited5 opinions

  1. State v. MorrowMissouri Court of Appeals · 1976
  2. Brown v. Kroger CompanyMissouri Court of Appeals · 1962
  3. Travelers Indemnity Co. v. WoodsMissouri Court of Appeals · 1983
  4. Whitney v. Central Paper Stock CompanyMissouri Court of Appeals · 1969
  5. State v. FrenchSupreme Court of Missouri · 1972

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