Climate Change Project

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Hale v. American Family Mut. Ins. Co., 927 S.W.2d 522 (Mo.App. 1996)

Who is plaintiff suing?

What is the procedural history?

How was plaintiff injured?

How big was the rock?

What did defendant claim was the error?

What are the elements of res ipsa loquitur as stated in the Christie case?

What is the problem if the plaintiff knows what happened?

What if the evidence is ambigious?

What is the standard for determining if the jury verdict is proper?

How does defendant attack the first element of res ispa - the requirement of negligence?

How did plaintiff eliminate the intentional throwing of the rock?

What evidence did the rock itself present?

How does plaintiff claim the rock was propelled and what is the claimed negligence?

Who had control of the unknown vehicle?

Why is this imputed to American Family Insurance?

Who had the superior knowledge and why?

What is the stacking of inferences problem and what does defendant claim plaintiff stacked?

What did the court say was the factual basis behind plaintiff's inferences?

What evidence did the jury get that defendant claimed was prejudicial error?

Why did the appeals court find that this was not a prejudicial error?

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