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MIDWESTERN INDEM. CO. v. BROOKS

Case No. 13-0304-CV-W-ODS.

12 F.Supp.3d 1166 (2014)

The MIDWESTERN INDEMNITY CO., Plaintiff, v. Malissa BROOKS and Bradley Brooks, Defendants.

United States District Court, W.D. Missouri, Western Division.

Signed March 31, 2014.

Attorney(s) appearing for the Case

Aaron Mandel, Jeffrey J. Brinker, Scott C. Harper, Brinker & Doyen, LLP, Clayton, MO, for Plaintiff.

James Manning, Harrisonville, MO, Phillip S. Smith, Kansas City, MO, for Defendants.

ORDER AND OPINION (1) DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND (2) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

ORTRIE D. SMITH, Senior District Judge.

Pending are cross motions for summary judgment. The Court hereby denies Defendants' motion (Doc. #33) and grants Plaintiff's motion (Doc. #29).

I. BACKGROUND

The facts are undisputed. In September 2011, Defendant Malissa Brooks was riding a bicycle on Missouri...

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