Cain v. Missouri Highways & Transportation Commission

MICHAEL A. WOLFF, Judge.

Introduction

Hortense Cain, an inmate at a state prison, was injured while working on a crew assigned to maintain highway right-of-ways. Following a jury trial of her claim, the circuit court entered judgment awarding her damages for her injuries against the Missouri Highways and Transportation Commission. The commission appeals, contending that as a matter of law Cain is not entitled to judgment and, alternatively, that the verdict directing instruction was incorrect and a portion of Cain’s closing argument was improper.

This Court granted transfer after opinion by the…