(DOWNLOAD) "Norma Roark v. Arlo Gunter" by Supreme Court of Missouri Division 2 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Norma Roark v. Arlo Gunter
- Author : Supreme Court of Missouri Division 2
- Release Date : January 14, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Plaintiff, Norma Roark, brought suit against Arlo Gunter and George R. Davis for personal injuries sustained in an automobile collision involving three automobiles. The jury verdict was in favor of plaintiff and against Davis in the amount of $16,250, and against plaintiff and in favor of Gunter. The trial court subsequently ordered a remittitur in the amount of $4,000 (accepted by plaintiff) and entered a judgment in favor of plaintiff and against Davis in the amount of $12,250. Plaintiff appealed ""from the judgment for the defendant Gunter,"" and Davis appealed ""from the order * * * overruling motion for new trial by defendant George Davis."" The appeal by Davis has not been perfected in that no brief has been filed in this court. Therefore, we are not called upon to determine the sufficiency of the notice of appeal filed by him. See, however, Walker v. Thompson, Mo., 338 S.W.2d 114; Clark v. Dubbs, Mo. App., 360 S.W.2d 288. Plaintiff asserts in her brief that jurisdiction is in this court because she ""seeks a verdict of $25,000"" against Gunter, the amount set forth in the prayer of her petition, and Gunter does not challenge our jurisdiction. However, we must examine sua sponte that question. Shepherd v. Department of Revenue, Mo., 370 S.W.2d 381. Gunter and Davis were sued as joint tort feasors, and the final judgment, if plaintiff should prevail on this appeal and on a new trial, must be in the same amount against all defendants found liable. Gardner v. Simmons, Mo., 370 S.W.2d 359, 366; Cox v. Wrinkle, Mo., 267 S.W.2d 648, 653; Davison v. Farr, Mo. App., 273 S.W.2d 500, 505. However, Davis has not perfected his appeal, if in fact he has a valid appeal, and plaintiff has not appealed from that part of the judgment in her favor and against Davis on the basis of inadequacy of the verdict. There is no contention, and none can now be made on this appeal, that the verdict against Davis is inadequate. This situation is to be distinguished from those cases where plaintiff obtained a verdict and judgment against two or more joint tort feasors, and less than all of the defendants appealed and challenged the amount of the verdict. See Yarrington v. Lininger, Mo., 327 S.W.2d 104; Rosenkoetter v. Fleer, Mo., 155 S.W.2d 157; Gardner v. Simmons, supra; Davison v. Farr, supra. The issues pertaining to that portion of the judgment pertaining to Davis have been finally adjudicated although the judgment is held in abeyance pending the Disposition of the entire case. If plaintiff should prevail on this appeal, and obtain a reversal of that portion of the judgment from which the appeal is taken, upon retrial she would be limited in the maximum permissible amount of recovery to $12,250, which is less than our jurisdictional amount.
 "Norma Roark v. Arlo Gunter" by Supreme Court of Missouri Division 2 ~ eBook PDF Kindle ePub Free){kind=link}