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Civil Procedure Keyed to Friedenthal
Ziervogel v. Royal Packing Co.
Citation:
225 SW2d 798 (Mo. 1949)Facts
Plaintiff sued defendant to recover for injuries sustained in a car accident. The complaint alleged that she sustained injuries to her neck, back, spine and nervous system and that she was otherwise injured, but did not allege injury related to increased blood pressure. The plaintiff did not amend her complaint to allege injury related to blood pressure or seek special damages. Plaintiff was awarded $2,000 in damages. Defendant appealed, asserting that the trial court erred in allowing plaintiff’s counsel to refer to and admit evidence related to the blood pressure injury.
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