DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151009P.pdf 02/23/2016 Kristen Brown v. William Davis
U.S. Court of Appeals Case No: 15-1009
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Benton and Kelly, Circuit Judges]
Civil case - Torts. Defendant Williams should have foreseen the risks of
transporting an oversized log skidder across a bridge without first
stopping oncoming traffic and ordinary persons would have taken
precautions to do so; there was sufficient evidence to show that Williams
had a legal duty to take appropriate precautions and that he breached that
duty of care by failing to stop traffic and by giving the truck's driver a
misleading signal; the jury could find defendant's actions were the
proximate cause of the accident that killed plaintiff's decedent as the
driver's negligence did not break the chain of causation set in motion by
defendant's failure to stop the decedent's car from driving onto the
bridge and the problem was exacerbated by the negligent warning he gave
the driver; no error in denying motion for new trial based on a claim
plaintiff's attorney's comment during closing argument prejudiced the jury
as defendant opened the door for the comment and the statement was not
injurious because the court told the jurors to disregard it.