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Jensen v. English

Victor C. JENSEN v. Mary E. ENGLISH

Jensen v. English, 592 S.W.2d 541 (Mo. Ct. App. 1979)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
December 31, 1979
Docket
No. KCD 30453
Judges
Clark, Shangler, Swofford
Citations
592 S.W.2d 5411979 Mo. App. LEXIS 2709

Opinion of the Court — Shangler

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SHANGLER, Presiding Judge.

The plaintiff sued for personal injury for the negligent operation by defendant of a motor vehicle. The issue of contributory negligence was asserted by the defendant and submitted by instruction. The plaintiff contended for an instruction on comparative negligence, but made no tender to the court. The jury returned verdict for the defendant.

On appeal the plaintiff contends that Missouri Pacific Railroad Company v. Whitehead & Kales Company, 566 S.W.2d 466 (Mo. banc 1978) — which distributes indemnity among concurrent tortfeasors according to relative fault — sounds the tocsin for contributory negligence as a principle of law and augurs for comparative negligence. The plaintiff suggests that what a court has done to abrogate the common law prohibition against contribution among joint tort-feasors (Whitehead & Kales, supra] and the common law doctrine of sovereign immunity [Jones v. State Highway Commission, 557 S.W.2d 225 (Mo. banc 1977)] a court may yet do to abrogate the common law rule of contributory negligence.

This very contention was considered before Whitehead & Kales by the Missouri Supreme Court en banc, and rejected. Epple v. Western Auto Supply Co., 557 S.W.2d 253, 254 (Mo. banc 1977). This very contention was considered again after Whitehead & Kales by the Missouri Supreme Court en banc, and again rejected. Steinman v. Strobel, 589 S.W.2d 293 [Mo. banc, 1979].

The plaintiff suggests no other point of error.

The judgment is affirmed.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1986: 119862026peak 1986 · 1

Relies on it most ⓘ

  1. Capps v. Capps715 S.W.2d 547 (Mo. Ct. App. 1986)

Most recent

  1. Capps v. Capps715 S.W.2d 547 (Mo. Ct. App. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Mo. Pac. R.R. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. 1978) 126
Jones v. State Highway Comm'n, 557 S.W.2d 225 (Mo. 1977) 159
Steinman v. Strobel, 589 S.W.2d 293 (Mo. 1979) 17
Epple v. Western Auto Supply Co., 557 S.W.2d 253 (Mo. 1977) 11

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