Spier v. Middlecamp

ORDER

Plaintiff appeals following the jury verdict and judgment for defendants in a dog bite case alleging error by reason of the trial court’s refusal to permit her to argue an adverse inference from defendants’ failure to testify. Defendants maintain the adverse inference is not available where, as here, defendants do not present any evidence. Defendants also assert that plaintiff failed to make a submissible case under the standards set forth in Gardner v. Anderson, 417 S.W.2d 130 (Mo.App.1967); Frazier v. Stone, 515 S.W.2d 766 (Mo.App.1974); and Crimmins v. Mirly, 675 S.W.2d 663…