Missouri Court of Appeals, Eastern District / Apr 11, 2023
Andrew Denney, Appellant, v. Syberg's Westport, Inc., d/b/a Syberg's, Respondent.
Andrew Denney sued Syberg's Westport, Inc., after suffering an allergic reaction to seafood at its buffet, alleging negligence, breach of warranty, and negligent infliction of emotional distress. A jury found Denney's damages to be $50,000 but attributed 90% fault to him, resulting in a $5,000 award. Denney appealed, raising eight points of error concerning jury instructions on comparative fault, exclusion of evidence, objections to closing argument, and denial of motions to strike venirepersons. The Missouri Court of Appeals, Eastern District, affirmed the circuit court's judgment, finding no reversible error in any of Denney's claims.