[DOWNLOAD] "Margaret Schaffer v. James L. Bess and" by Eastern District, Division Three Court of Appeals of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Margaret Schaffer v. James L. Bess and
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 15, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Defendant/Appellant/Cross-Respondent State Farm Mutual Automobile Insurance Company ("State Farm") appeals from the trial
court's order denying State Farm's motion for a directed verdict at the close of all evidence. State Farm contends that the
plaintiffs/respondents/cross-appellants failed to prove a direct and proximate causal relationship between the acts or omissions
of an uninsured motorist, David Friese, and the accident between James L. Bess and plaintiffs'/respondents'/cross-appellants'
decedent, Richard Schaffer. Plaintiffs/Respondents/Cross-Appellants: Margaret Schaffer, the widow and third wife of Richard
Schaffer; Julie and Edward Schaffer, the minor children of Richard Schaffer by his second marriage; and Michelle Schaffer
Brickeen and Robin Schaffer Sillman, the adult children of Richard Schaffer by his first marriage, appeal the dismissal of
their claim against State Farm for vexatious refusal to pay damages pursuant to Section 375.420, RSMo 1986, and Section 375.296,
RSMo 1986. Finally, plaintiffs/cross-appellants Julie Schaffer and Edward Schaffer, by their successor next friend, Martha
Schaffer, appeal from the trial court's judgment in which the trial court: (1) found that a contract existed between Julie
Schaffer, Edward Schaffer and the attorney for plaintiff/cross-respondent Margaret Schaffer; and (2) ordered Julie Schaffer
and Edward Schaffer to pay $21,333.33 to said attorney. Sometime after 4:00 p.m. on the gray, rainy afternoon of November 16, 1987, David Friese drove eastbound on Buck Creek Road
towards its intersection with Highway 67. Friese wanted to make a left-hand turn onto the highway so that he would be headed
north. Whether Friese came to a complete stop before attempting the left-hand turn is unclear. What is clear is that when
Friese attempted his left-turn, his car collided with John Nappier's pickup as Nappier headed north. Nappier's vehicle crossed
over the median and came to rest on southbound Highway 67, facing north. Friese's car came to rest on the shoulder of northbound
67. After the collision, both Friese and Nappier exited their vehicles. A witness to the accident, Wallace Wills, also pulled
over and exited his vehicle. Nappier thereafter climbed over the median and approached Friese, screaming obscenities. Wills
tried to calm Nappier down. Wills told Nappier to go back to his truck and to move it out of the southbound passing lane.
Nappier followed Wills' instruction by backing up his pickup. There is some controversy over where Nappier parked his pickup.
Both Friese and Nappier contend that Nappier backed his truck into the left-turn lane of southbound Highway 67. Friese further
contends that traffic was able to slowly flow through the accident scene. Nappier asserts the flow of traffic resumed to pretty
much normal speed. However, two witnesses to the accident contend that Nappier's vehicle was at least partially blocking the
passing lane. Wills contends that Nappier's vehicle was taking up at least two feet of the passing lane. Another witness,
Ronnie Akers, contends that Nappier's vehicle was blocking about one foot of the southbound passing lane.