Rudin v. Parkway School District

MARY RHODES RUSSELL, Judge.

Parkway School District (“School District”) appeals from the judgment of the St. Louis County Circuit Court awarding damages to Evelyn Rudin (“Visitor”) for injuries she sustained in a slip and fall accident on School District’s property.

School District asserts that the trial court erred in submitting the case to the jury under principles of comparative fault because it was neither pled by any party nor was there evidence to support apportionment of fault. We affirm the judgment in that we find comparative fault was tried by the implied consent of the parties.

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