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Missouri Torts

Statutes Setting Standard of Care - Vintila v. Drassen, No. 23361 (Mo.App. S.D. 06/27/2001)

How much did the jury award?

How is this case like King v. Morgan?

Did defendant have a permit?

What were the restrictions on the permit?

What was the caravan?

Was the truck labeled as oversized?

How wide is the bridge, wall to wall?

How wide is the roadway?

What time of day?

What was the usual practice when crossing a bridge?

What did they do instead?

What did the escorts do when they saw plaintiff's pickup?

What was happening to the pickup truck when Drassen saw it?

What did Drassen do?

What did Hampton testify about the time restriction on moving oversize loads?

What about the distance between the trucks?

What did Hampton say Drassen should have done?

What did Drassen say about their adherence to the permit restrictions?

What was Instruction 6?

What is the significance of the "or" between clauses?

How is this different from most of the instructions we have seen?

Is this an ordinary negligence instruction or a negligence per se instruction?

Why?

What is defendants objection to this instruction?

In discussing King, which standard does the court see as more demanding?

Why?

How would instruction 6 differ if it was a negligence per se instruction?

Why does the court think defendant's are crazy?

Why do they not prevail?

What situations does the court list where MO has accepted regulations as evidence of negligence?

Is this the same as negligence per se?

Why do the defendants argue that the statute was irrelevant and that plaintiffs did not make a submissible case?

Why does this objection fail?

Why did defendant's screwup still matter even if plaintiff did not hit the wide part?

Why does Point III fail?

How do defendants argue that the statutory purpose was not to prevent this type of accident?

Why does the 1000 foot separation not matter?

Why do defendants say the accident was plaintiff's fault?

Does defendants' negligence need to be the sole cause?

What is a superceding cause?

What is the effect of an intervening or superceding cause?

When does an intervening cause not cut off liability?

What is plaintiff's negligence?

How is a natural outgrowth of defendants' actions?

What MAI was Instruction 6 based on?

How do defendants claim that the language from 19.01 favored plaintiff?

Why does the appeals court ignore this point of appeal?

What is the set off issue?

What does 537.060 provide?

 

 

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