[Download] "Bailey Kestner and Mary E. Kestner v. Lucy" by Springfield District Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Bailey Kestner and Mary E. Kestner v. Lucy
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 07, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
PER CURIAM. This is an action for personal injuries sustained by plaintiff Mary Kestner when the automobile in which she was
riding collided with another being driven by defendant Lucy Jakobe. Initially, the plaintiffs jointed Mrs. Jakobe and Mr.
Litzler, the host driver, as codefendants. Prior to trial, the cause was dismissed as to defendant Litzler, and the jury found
against plaintiff Bailey Kestner on his claim for medical expenses and loss of services. Plaintiff Mary Kestner had a verdict
and judgment against Mrs. Jakobe in the amount of $3,449.00, and this appeal followed. On the occasion in question, Mrs. Kestner and her husband were riding in Mr. Litzler's automobile, traveling south on Highway
25 near Malden, Missouri. The casualty occurred when Mrs. Jakobe, going north, attempted to turn left in front of the Litzler
vehicle in order to enter a private driveway on the west side of the road. Very concisely, plaintiffs' version of the accident
was that Mrs. Jakobe turned suddenly in front of Mr. Litzler when the two vehicles were no more than 40 feet apart, while
defendant's version was that she began her turn while the oncoming Litzler vehicle was still "half a block" to the north,
having first given an adequate, visible warning of her intention to turn some 100 to 150 feet south of the intersection of
the driveway and the highway. The plaintiffs submitted their case on Mrs. Jakobe's negligence in failing to yield the right
of way to an approaching vehicle at a time when turning left would create an immediate hazard. As we say, the jury resolved
the issues for plaintiff Mary Kestner.