Missouri Court of Appeals, Southern District / May 12, 2020
NORA BETH FAIRBANKS, Plaintiff-Appellant v. CHRISTOPHER L. HENDRICKS, Defendant-Respondent
Nora Fairbanks sued Christopher Hendricks for injuries sustained in a multi-vehicle collision, alleging negligence. A jury found in favor of Hendricks. On appeal, Fairbanks argued the trial court erred by refusing to give a verdict director instruction that included a "following too closely" specification of negligence. The appellate court reversed the judgment and remanded for a new trial, finding that there was substantial evidence to support the "following too closely" theory and that the trial court's refusal to give the instruction was prejudicial error.