Missouri Court of Appeals, Western District / Dec 6, 2022
Marsha Zerpa, A Surviving Spouse of Nicholas Zerpa, Deceased vs. XPO Logistics Freight, Inc., and Timothy Lee Chambers
Marsha Zerpa appealed a jury verdict in favor of XPO Logistics Freight, Inc. and Timothy Lee Chambers in her wrongful death lawsuit, alleging their negligence caused her husband's death. Zerpa contended the trial court erred by giving an improper affirmative converse jury instruction. The appellate court reversed the judgment and remanded for a new trial, holding that the instruction was improper as it hypothesized facts that were not sufficient to bar the plaintiff's recovery.