GIBSON BY WOODALL v. ELLEY

Nos. WD 41520-41522.

778 S.W.2d 851 (1989)

Justin GIBSON, by his next friend, Public Administrator Vivian WOODALL, Rita Swalley and Randy Gibson, Joshua Gibson, by his next friend, Public Administrator Vivian Woodall, Rita Swalley and Randy Gibson, Curtis Gibson, Jr., by his next friend Public Administrator Vivian Woodall, Plaintiffs-Respondents, and Rita Swalley and Randy Gibson, Plaintiffs, v. David ELLEY, Defendant, and Union Pacific Railroad Company, Defendant-Appellant.

Missouri Court of Appeals, Western District.

October 24, 1989.


Attorney(s) appearing for the Case

Watson, Ess, Marshall & Enggas, James Duncan, Daniel Fowler, Thomas Cunningham, Kansas City, and Fitzgerald, Fitzgerald & Carter, Charles B. Fitzgerald, Warrensburg, for defendant-appellant.

Steven A. Fritz, Sedalia, Gregory R. Harrison, Liberty, and Robert B. Reeser, Jr., Sedalia, for plaintiffs-respondents.

Before CLARK, P.J., and LOWENSTEIN and BERREY, JJ.


BERREY, Judge.

Appeal from entry of default judgment against appellant, Union Pacific Railroad Company. The underlying actions are suits to recover damages that respondents allegedly incurred as a result of personal injuries sustained by the minor respondents in a collision between the motor vehicle in which they were riding and a train. Appellant presents a single point claiming that the trial court erred in not setting aside the default judgments as all the requirements...

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