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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Winkler v. Robinett, 913 S.W.2d 817 (1995)

Citation
Winkler v. Robinett, 913 S.W.2d 817 (1995)
Parent Document
Winkler v. Robinett, 913 S.W.2d 817 (1995)
Jurisdiction
Missouri (state)
Effective Date
1995-11-14

Other Sections in This Document (37)

Full Text

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In determining whether the Winklers made a submissible case, this court must consider the fact that the Winklers did not submit their case to the jury under the doctrine of res ipsa loquitur, even though the doctrine has been applied in similar circumstances. Shannon v. Welch, 858 S.W.2d 748, 751-752 (Mo.App.1993). To make a submis-sible case on their negligence claim, the Winklers had to establish the existence of a duty, a breach of that duty, and causation. Virginia D. v. Madesco Inv. Corp., 648 S.W.2d 881, 886 (Mo. banc 1983).