Brown v. Zackert

Parks, J.:

Plaintiff Roy N. Brown brought this action against defendant Lester Zackert for personal injuries arising out of an automobile collision in Missouri. Defendant filed no counterclaim. Plaintiff filed a motion for voluntary dismissal which the trial court granted without prejudice but upon the condition that plaintiff pay all of the costs and attorney fees incurred by defendant. Plaintiff s motion to modify the order was denied and he appeals.

Although the accident underlying this case took place in Missouri, plaintiff filed his suit in this state presumably because both he and…