State ex rel. Zigler v. Adolf

STEWART, Judge.

We issued an alternative Writ of Mandamus on the petition of Isadore Zigler, Ad*692ministrator of the Estate of Roberta Zigler, deceased. Relator is plaintiff in a wrongful death action in which Russell Superfine is defendant. By our alternative writ, the trial court was ordered to vacate its order striking paragraph 9 of Count I of plaintiff’s petition. Having exercised our discretion and issued the alternative writ, we retain jurisdiction under authority of State ex rel. Broglin v. Nangle, 510 S.W.2d 699 (Mo.1974), and our writ is made peremptory-

The petition in the trial court,…