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Where appellant and respondent both claimed injuries as the result of an auto accident between the appellant’s personal vehicle and a garbage truck driven by respondent, the trial court erred in finding that the appellant could not prove proximate causation as a matter of law because there were genuine issues of material fact as to whether the respondent’s actions contributed to the collision and whether the appellant was negligent per se, and the case should have been submitted to the jury on comparative fault for an assessment of each party’s fault, so the judgment is reversed and remanded.
Judgment is reversed and remanded.
Savage v. Dittrich (MLW No. 74100/Case No. ED107521 – 15 pages) (Missouri Court of Appeals, Eastern District, Richter, J.) Appealed from circuit court, Jefferson County, Melenbrink, J. (Matthew J. Devoti for appellant) (Nathan D. Leming, Lisa A. Larkin and Brandy K. Simpson for respondent).
