Johnson v. Missouri Highway & Transportation Commission

Missouri Court of Appeals
Johnson v. Missouri Highway & Transportation Commission, 113 S.W.3d 240 (2003)
2003 Mo. App. LEXIS 1309; 2003 WL 21961416
Crane, Hoff, Norton

Johnson v. Missouri Highway & Transportation Commission

Opinion of the Court

MEMORANDUM DECISION

PER CURIAM.

Plaintiff, Gail Johnson, appeals from a judgment entered by the Circuit Court of Franklin County on a jury verdict in favor of defendant, Missouri Highway and Transportation Commission, in plaintiffs lawsuit to recover damages for personal injuries she claimed to have suffered at a highway rest stop owned and operated by defendant. For her sole point on appeal, she asserts that the trial court erred in submitting Instruction No. 9, a comparative fault instruction based on MAI 32.01(2), because it was not supported by the evidence.

We do not need to reach plaintiffs argument. The jury returned a unanimous verdict in defendant’s favor and found plaintiff one hundred percent at fault. Any error in submitting a comparative fault instruction is harmless when the jury returns a verdict attributing one hundred percent fault to the complaining party. Inman v. Bi-State Development Agency, 849 S.W.2d 681, 684 (Mo.App. 1993); Titsworth v. Powell, 776 S.W.2d 416, 423 (Mo.App. 1989).

The judgment of the trial court is affirmed pursuant to Rule 84.16(b).

Reference

Full Case Name
Gail JOHNSON v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Defendant/Respondent
Cited By
1 case
Status
Published