Warner v. Pruett, No. 41000
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | REINHARD; DOWD, P. J., and CRIST |
| Citation | 599 S.W.2d 207 |
| Docket Number | No. 41000 |
| Decision Date | 22 April 1980 |
| Parties | Jeffrey S. WARNER et al., Appellants, v. Roger Keith PRUETT et al., Respondents. |
Page 207
v.
Roger Keith PRUETT et al., Respondents.
Page 208
Leon M. Newman, Newman & Bronson, St. Louis, for appellants.
Gray & Ritter, Kortenhof & Ely, St. Louis, for respondents.
REINHARD, Judge.
In Count I, plaintiff, Jeffrey S. Warner, sued for personal injuries arising out of an automobile accident which occurred on April 18, 1975. In Count II, his father, Buddy N. Warner, sued to recover the amount he paid for his son's medical expenses which resulted from the injuries received in the accident. Defendants were Roger K. Pruett and Charles R. Blaisdell. The jury returned a verdict in favor of both defendants as to Count I and in favor of plaintiff, Buddy N. Warner, against both defendants as to Count II in the amount of $900. Both plaintiffs and defendant, Charles R. Blaisdell, appealed.
On April 18, 1975, Jeffrey Warner, a minor, missed his bus and was late for school. He was hitchhiking when defendant Pruett stopped and gave him a ride. Riding with Pruett as a passenger was Richard Garrett. Jeffrey got in the back seat of the Pruett automobile and was looking out the right rear window at the time of the accident. The Pruett vehicle was going north on Shackleford Road in St. Louis County. At the point of impact, the road has two lanes going north. The accident occurred near the point where Shackleford Road intersects with Kingsford.
Defendant Blaisdell testified that just before the accident he was on his way home from work. He had intended to make a right turn onto Kingsford and was in the curb-bound lane of Shackleford. Blaisdell
Page 209
stated that he had not made a turn signal. He had last looked into his rear view mirror one block ahead of the accident point and had not seen any traffic. Upon hearing the squeal of brakes, Blaisdell again looked into his rear view mirror and saw the front end of a car. He accelerated in an attempt to get away from it.Defendant Pruett first observed defendant Blaisdell's vehicle when he was 300 to 400 feet away. At that time, according to Pruett, Blaisdell's vehicle was barely moving or stopped. Pruett's speed at impact was between five to ten miles per hour. Blaisdell was in or near the intersection of Kingsford. According to Pruett's testimony, Blaisdell was in the lane nearest the center line. Defendant Pruett intended to stop behind Blaisdell but changed his mind when he was about 150 feet away and then decided to pass defendant, Blaisdell. He began his pass about 50 feet behind Blaisdell. According to Pruett, defendant Blaisdell made a turn to the left and then jerked back to the right at which time Pruett jerked his car to the right, put on his brakes, and eventually slid into the Blaisdell vehicle. Pruett testified that he observed defendant Blaisdell's vehicle travel at least one foot over into the southbound lane of Shackleford as it turned to the left. Pruett said that he did not know if Jeffrey was injured, that, "(w)e all asked if anybody was hurt. And he said no." Pruett was aware that by the time an ambulance had arrived, Jeffrey had developed some pain.
Garrett's testimony as to the location of defendant Blaisdell's vehicle on the highway and his sudden turn to the left and then back to the right was substantially the same as Pruett's. Garrett lifted up the back seat of the car so that Jeffrey could get out of the car. He noticed no signs of injury to Jeffrey. Later, however, he saw Jeffrey lying on the ground, then put on a stretcher and placed in the ambulance.
Jeffrey testified that when he first got out of the car, he felt a burning sensation in his left lower back and was therefore conveyed to Christian Hospital Northwest by ambulance. He underwent emergency treatment and was released. Within the next four days he began vomiting, suffered headaches and severe low back pain as well as pain upon urination. Jeffrey was admitted on the evening of April 22, 1975, to Christian Hospital Northwest and stayed there until May 2, 1975.
His doctor, Dr. August Cabonce, a general practitioner, diagnosed his injury as low back sprain. Doctor Cabonce testified in answer to a hypothetical question that he believed this injury was caused by the accident. However, he also testified that he was unable to find any objective symptoms.
On March 12, 1976, Jeffrey entered the United States Air Force, but received a medical discharge eighteen days later. Plaintiff's attorney read from the "Medical Board Report" relating to this discharge; the final diagnosis was: "Chronic low back pain."
Jeffrey held numerous jobs from the time of the accident until the time of trial. He testified that he lied on job...
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Barger for Wares v. Cox, No. 14422
...derivative therefrom inasmuch as it is based upon and arises out of the negligence which caused the injury. See, e.g., Warner v. Pruett, 599 S.W.2d 207 (Mo.App.1980); O'Hearn v. O'Hearn, 55 A.D.2d 766, 389 N.Y.S.2d 651 (1976); Whitehead v. General Telephone Co., 20 Ohio St.2d 108, 254 N.E.2......
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Burtrum v. U-Haul Co. of Southern Missouri, U-HAUL
...that when recovery is denied a minor, but recovery granted a parent, it is proper to order new trials on both claims. Warner v. Pruett, 599 S.W.2d 207 (Mo.App.1980). In a similar situation, where no appeal was taken from the judgment for a parent, that judgment was held to be final and the ......
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Wilson v. Lockwood, Nos. WD
...negligence. Clark v. Martin, 650 S.W.2d 699, 701 (Mo.App.1983). The minor has an action for his personal injuries. Warner v. Pruett, 599 S.W.2d 207, 210 (Mo.App.1980). Earlier cases such as Garrison v. Ryno, 328 S.W.2d 557, 563-64 (Mo.1959), and Evans v. Farmers Elevator Co., 347 Mo. 326, 1......
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R. Farley v. J.T. Farley
...disputes between the parties and subjects their lives to the uncertainties and unpredictabilities of future events," Givens, 599 S.W.2d at 207, a court's retention of jurisdiction on the issue of maintenance becomes "applicable only when the potential for future inability to work ......
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Barger for Wares v. Cox, No. 14422
...derivative therefrom inasmuch as it is based upon and arises out of the negligence which caused the injury. See, e.g., Warner v. Pruett, 599 S.W.2d 207 (Mo.App.1980); O'Hearn v. O'Hearn, 55 A.D.2d 766, 389 N.Y.S.2d 651 (1976); Whitehead v. General Telephone Co., 20 Ohio St.2d 108, 254 N.E.2......
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Burtrum v. U-Haul Co. of Southern Missouri, U-HAUL
...that when recovery is denied a minor, but recovery granted a parent, it is proper to order new trials on both claims. Warner v. Pruett, 599 S.W.2d 207 (Mo.App.1980). In a similar situation, where no appeal was taken from the judgment for a parent, that judgment was held to be final and the ......
-
Wilson v. Lockwood, Nos. WD
...negligence. Clark v. Martin, 650 S.W.2d 699, 701 (Mo.App.1983). The minor has an action for his personal injuries. Warner v. Pruett, 599 S.W.2d 207, 210 (Mo.App.1980). Earlier cases such as Garrison v. Ryno, 328 S.W.2d 557, 563-64 (Mo.1959), and Evans v. Farmers Elevator Co., 347 Mo. 326, 1......
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R. Farley v. J.T. Farley
...disputes between the parties and subjects their lives to the uncertainties and unpredictabilities of future events," Givens, 599 S.W.2d at 207, a court's retention of jurisdiction on the issue of maintenance becomes "applicable only when the potential for future inability to work ......