Negligence : Rear-End Collision – Affirmative Defense

Where the plaintiff in an automobile accident case argued that the trial court erred by admitting the defendant’s testimony that the plaintiff backed into the defendant’s car, claiming that the defendant should have pleaded this as an affirmative defense, the court did not err in admitting the evidence because the defendant was not required to plead his version of the events as an affirmative defense.

Judgment is affirmed.

Varsalona v. Ortiz (MLW No. 67032/Case No. WD76797 – 9 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Appealed from circuit court, Clay County, Alexander, J. (Danieal Miller and Bradley Lockenvitz, Columbia, for appellant) (Blaine Dickeson, St. Louis, and John Weist, Overland Park, Kansas, for respondent).

Read the full text of this opinion. (PDF)