GIANCOLA v. CONNER

No. 34230.

481 S.W.2d 620 (1972)

Edward GIANCOLA, Plaintiff-Appellant, v. Patricia CONNER, By Robert Till, Guardian, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District.

June 6, 1972.


Attorney(s) appearing for the Case

Lawrence O. Willbrand, St. Louis, for plaintiff-appellant.

Willson, Cunningham & McClellan, Emmett M. O'Brien, St. Louis, for defendant-respondent.


SMITH, Judge.

Plaintiff appeals from a judgment against him based upon a jury verdict in an automobile accident case. Plaintiff's sole contention here is that the court erred in giving a contributory negligence instruction premised upon failure to warn because of lack of evidentiary support. In that posture we must look to the evidence and inferences most favorable to defendant's asserted defense.

Plaintiff and defendant were each proceeding south on Hampton...

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