Epple v. Western Auto Supply Co.

*254RENDLEN, Judge.

The principal issues on appeal of this cause were decided by opinion of March 14, 1977, now reported in 548 S.W.2d 535 (Mo. banc 1977). Because of instructional error the judgment was reversed and the cause remanded for retrial. Prior to remand, however, the case was docketed for further briefing and argument at the September, 1977, session of this court to determine whether some form of comparative negligence should be declared applicable to such actions in Missouri and utilized on resubmission of this case in the trial court.

Neither party had urged consideration of…