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BAKER v. DePEW

No. 75103.

860 S.W.2d 318 (1993)

Otis BAKER, Appellant, v. Earl DePEW, Defendant, and The Aetna Casualty & Surety Company, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 28, 1993.

Attorney(s) appearing for the Case

J. Kent Emison, Robert L. Langdon, Carter J. Ross, Lexington, Michael Manners, Independence, for appellant.

Mark E. Johnson, Steven J. Boyd, R. Christopher Abele, Kansas City, for respondent.

Michael A. Dallmeyer, Michael G. Berry, Jefferson City, for amicus (M.I.C.)

THOMAS, Judge.

FACTS AND BACKGROUND OF ACCIDENT

This insurance litigation arose out of a one vehicle accident involving a 1979 Ford F-100 pickup truck owned by Holloway Construction Company (hereinafter "Holloway") driven by defendant Earl DePew, employed as a foreman by Holloway in the construction of a dam at Blue Springs Lake. Plaintiff Otis Baker, employed by Holloway as a heavy equipment operator, was riding...

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