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HOHIMER v. MISSOURI HIGHWAY & TRANSP. COM'N

No. WD 33833.

659 S.W.2d 521 (1983)

Gary L. HOHIMER and Leona E. Hohimer, Appellants, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent.

Missouri Court of Appeals, Western District.

Motion For Rehearing and/or Transfer to Overruled and Denied September 28, 1983.

Application to Transfer Denied November 22, 1983.

Attorney(s) appearing for the Case

Robert H. Shaw, Witt & Boggs, Platte City for appellants.

Bruce A. Ring, Chief Counsel, Dennis J. Redel, Asst. Chief Counsel, Missouri Highway and Transportation Commission, Jefferson City, for respondent.

Before PRITCHARD, P.J., and MANFORD and NUGENT, JJ.

Motion For Rehearing and/or Transfer to Supreme Court Overruled and Denied September 28, 1983.

PRITCHARD, Presiding Judge.

Plaintiffs' first amended petition in Count I alleged that Gary L. Hohimer was injured when the right front wheel of his 1978 Chevrolet Van, on August 31, 1979, struck one of the open holes in construction work being conducted by defendant, causing him to lose control and strike at least another hole, and causing the van to roll off the...

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