Glick v. Harris
| Decision Date | 02 December 1974 |
| Docket Number | No. KCD,KCD |
| Citation | 518 S.W.2d 227 |
| Parties | Wallace GLICK et al., Appellants, v. Charles James HARRIS et al., Respondents. 26504. |
| Court | Missouri Court of Appeals |
Elwyn L. Cady, Jr., Independence, for appellants.
Morris H. Kross, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for respondent Ballentine Produce, Inc.
John R. Caslavka, Shughart, Thomson & Kilroy, Kansas City, for respondents Charles James Harris & C. J. Harris.
Thomas A. Sweeny, Popham, Popham, Conway, Sweeny & Fremont, Knasas City, for respondent Reed.
Before DIXON, C.J., and SHANGLER and WASSERSTROM, JJ.
This appeal presents the complicated litigation of three wrongful death actions. These actions, consolidated and tried during the week of October 16, 1972, result from a highway event of October 14, 1962. The jury returned verdicts for the defendants on each submission and appeal is taken from the judgments entered accordingly.
At the outset, we are met by the complaint of each respondent that the statement of facts which appellants offer in their brief is so truncated as to be unfair and in violation of the rules of appellate procedure. We enter our judgment of dismissal of the appeals, but do not labor the reasons. Counsel for the appellants has had the benefit of our previous expressions and has felt the sanction of previous dismissals. (See, particularly, Power v. Automobile Club Inter-Insurance Exchange, Mo.App., 516 S.W.2d 541, 1974.) The general bar has responded to the tocsin sounded by the appellate courts that an effective administration of justice cannot tolerate gross neglect of the rules of procedure on appeal, and our further comment by full opinion is not warranted.
It is sufficient to say that the evidence in this litigation, which took the week to try and is compiled in more than six hundred pages of transcript, is reduced to this recitation in the brief of appellants:
Marvin Glick and two of his three minor sons met their deaths on then Highway 71 By-Pass between Independence and Liberty, Missouri on the evening of October 14, 1962 (187, 197, 211, 213). First came the collision of defendant Ballantine's tractor-trailer, some 63,000 pounds (122) with the fatal Glick car, throwing the father and the two sons out upon the pavement; they were then struck by cars of the other defendants (365--366, 371--372, 459, 475). Each impact did grave bodily harm, the sum-total of the various impacts to the father and sons resulting in death under the expert testimony adduced.
Yet, even the most rudimentary consideration of the issues presented for our review require the statement of these other facts which plainly appear in the record:
On that night, Marvin Glick, in a state of high intoxication, drove his vehicle south along the two-lane highway at a rate of speed estimated at between 70 and 85 miles per hour at impact. As Glick moved around a curve and attempted to pass the car in front of him,...
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