Terra Sheppard, Appellant, v. Midway R-1 School District, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Terra Sheppard, Appellant, v. Midway R-1 School District, Respondent. Case Number: 54152 Handdown Date: 04/28/1998 Appeal From: Circuit Court of Johnson County, Hon. Joseph Paul Dandurand Counsel for Appellant: J. Kirk Rahm Counsel for Respondent: Robert Best Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Spinden, P.J., Hanna and Riederer, J.J., concur. Opinion: ORDER Terra Sheppard, the plaintiff, sued the Midway R-1 School District for personal injuries she incurred while participating in a track meet at the Midway High School track. The case was first tried in 1994 and the jury found both parties zero percent at fault. The plaintiff appealed, and this court reversed and remanded in Sheppard v. Midway R-1 School District, 904 S.W.2d 257 (Mo. App. 1995). After another trial in January 1997, the jury again found both parties zero percent at fault. Judgment was entered accordingly. The plaintiff appealed, challenging the school district=s assumption of the risk jury instruction. We affirm pursuant to Rule 84.16(b). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.