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  5. 948 S.W.2d 607 (1997)
 

FISHER v. STATE HIGHWAY COM'N OF MO.

No. 79284.

948 S.W.2d 607 (1997)

Joyce FISHER, et al., Appellants, v. STATE HIGHWAY COMMISSION OF MISSOURI, et al., Respondents.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 19, 1997.

Attorney(s) appearing for the Case

Donald L. Schlapprizzi, Jason C. Pulos, Albert Lebowitz, St. Louis, for appellants.

Zachary T. Cartwright, Rich Tiemeyer, Jefferson City, T. Michael Ward, Donald L. James, John P. Rahoy, Eugene K. Buckley, St. Louis, for respondents.

Jeremiah W. (Jay) Nixon, Attorney General, Robert L. Presson, Assistant Attorney General, Jefferson City, for intervenor.

BENTON, Judge.

On June 11, 1989, Joyce Fisher was riding her motorcycle on Highway 270 in St. Louis County. On the bridge over St. Charles Rock Road, her motorcycle tires became trapped in a groove left by the deterioration of the seal in an expansion joint. She lost control of the motorcycle and suffered serious permanent injuries.

Fisher sued the State Highway Commission of Missouri, contractor Millstone Construction...

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