Ingram v. Missouri Highways & Transportation Commission

RONALD R. HOLLIGER, Presiding Judge.

This case involves a statement of previously undisclosed fact made by counsel at oral argument that shocked opposing counsel and this court because it changed the entire legal analysis and rules applicable to this case. It thus presents a situation with which we are not familiar and for which there is little, if any, guidance in appellate law. However, we feel compelled to address and resolve this matter.

On December 31,1997, at approximately 2:00 A.M., Randee Ingram (“Driver”) was driving a Pontiac Grand Am on Route O in Atchison County. There were three…