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Kuellmer v. Mach

Missouri Court of Appeals, Eastern District, Division Two
Feb 21, 1995
893 S.W.2d 398 (Mo. Ct. App. 1995)

Opinion

No. 64330.

February 21, 1995.

APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY, RICHARD F. PROVAZNIK, J.

John C. Weller, Kell, Custer, Weller Miller, Terrence F. Moffitt, St. Louis, for appellant.

George F. Kosta, Kosta Associates, St. Louis, for respondent.

Before SMITH, P.J., and PUDLOWSKI and WHITE, JJ.


MEMORANDUM DECISION


Plaintiff appeals from a judgment based upon a jury verdict finding no negligence by defendant in a water-skiing accident in which plaintiff was injured. The only issue on appeal is the court's refusal to admit into evidence a videotape made demonstrating aspects of water-skiing and recreating the accident in issue. The admission of the evidence was within the discretion of the trial court and we find no abuse of that discretion. Bailey v. Valtec Hydraulics, Inc., 748 S.W.2d 805 (Mo.App. 1988) [1]; McPherson Redevelopment Corporation v. Watkins, 782 S.W.2d 690 (Mo.App. 1989) [4]. We also find no prejudice to plaintiff as the videotape was cumulative to other evidence admitted. The evidence was sufficient to support the verdict and no error of law appears. An extended opinion would have no precedential value.

Judgment affirmed. Rule 84.16(b).


Summaries of

Kuellmer v. Mach

Missouri Court of Appeals, Eastern District, Division Two
Feb 21, 1995
893 S.W.2d 398 (Mo. Ct. App. 1995)
Case details for

Kuellmer v. Mach

Case Details

Full title:KENNETH R. KUELLMER, JR., PLAINTIFF/APPELLANT, v. ROBERT A. MACH…

Court:Missouri Court of Appeals, Eastern District, Division Two

Date published: Feb 21, 1995

Citations

893 S.W.2d 398 (Mo. Ct. App. 1995)