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  5. 948 S.W.2d 679 (1997)
 

MO. HIGHWAY AND TRANSP. v. COLD STORAGE, INC.

No. WD 52474.

948 S.W.2d 679 (1997)

MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant, v. KANSAS CITY COLD STORAGE, INC., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 27, 1997.

Application to Transfer Denied August 19, 1997.

Attorney(s) appearing for the Case

John M. Cave, II, Kansas City, for Appellant.

Paul L. Wickens, Kansas City, for Respondent.

Before LOWENSTEIN, P.J., and BERREY and EDWIN H. SMITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 27, 1997.

LOWENSTEIN, Judge.

The issue presented here is: Can a party sued in negligence for damages obtain a comparative fault instruction, and can a jury reduce the damages to the extent of state's fault?

The facts underlying this action for damages involve a March 1990 fire which was started by vagrants and caused property damage to the Kansas City Cold Storage (Cold Storage) facility...

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