Brown v. Wallace

SMART, Judge.

Cynthia Brown and her husband, Leon Brown, appeal the judgment entered on their vehicular negligence claim against Waste Management of Missouri, Inc. They contend that the trial court erred in submitting to the jury the hypothesis that plaintiff Cynthia Brown was guilty of comparative negligence in that there was insufficient evidence to support the submission of failure to keep a careful lookout. In a second point, they contend that the trial court erred in using the term “proper lookout” instead of the term “careful lookout” in the instruction given.

Background Facts

The claims…