Legal Opinion
Capell v. Abbick
Missouri Court of Appeals
Decided October 14, 2003No. WD 62412PublishedCited by 1 opinion
1Opinion of the Court
PAUL M. SPINDEN, Presiding Judge.
When Homer and Margaret Capell were injured in an automobile crash, they sued the driver of the other car and Kansas City as joint tortfeasors. The jury awarded the Capells $19 million and declared the city to be 99 percent at fault for its negligent design of the roadway and Abbick to be one percent at fault for his negligent driving. Before trial, Abbick’s insurer paid the Capells $250,000, and the Capells agreed to seek only $50,000 from Abbick. Because of sovereign immunity, the city’s liability was capped at $300,000. The circuit court ordered Abbick to…
2Cases cited5 opinions
- Elfrink v. Burlington Northern RailroadMissouri Court of Appeals · 1992
- Jones v. St. Louis Housing AuthorityMissouri Court of Appeals · 1987
- Gaunt v. State Farm Mutual Automobile Insurance Co.Missouri Court of Appeals · 2000
- Cottey v. SchmitterMissouri Court of Appeals · 2000
- Smith v. CoffeySupreme Court of Missouri · 2001
3Cited by1 opinion
- Millentree v. Tent Restaurant Operations, Inc.District Court, W.D. Missouri · 2009