Hudson v. Carr

BLACKMAR, Judge.

The plaintiff recovered a judgment for $180,000 for personal injuries. The defendant appeals arguing, first, that the judgment for the plaintiff is barred because of collateral estoppel on the issue of contributory negligence, and, second, that plaintiff’s damage instruction should have been modified in accordance with Note on Use No. 3 to MAI 4.01. The Court of Appeals, by unanimous action of the 14 judges, transferred the case here for resolution of the collateral estoppel issue. We decide all issues in the case as on original appeal, Mo. Const. Art. V, Sec. 10, and conclude…