Damon Pursell Construction Co. v. Missouri Highway & Transportation Commission

PATRICIA BRECKENRIDGE, Judge.

The Missouri Highway and Transportation Commission (MHTC) appeals the decision of the trial court granting Damon Pursell Construction Company a new trial based on newly discovered evidence. On appeal, MHTC claims the trial court erred in granting Damon Pursell’s request for a new trial because the evidence was not newly discovered, Damon Pursell failed to demonstrate it had exercised due diligence, and it was not clear that the evidence would have altered the outcome of the trial. Additionally, MHTC claims the trial court erred in denying its motion for directed…