Sewell v. MFA Mutual Insurance Co.

1 Citing case

  1. Stegan v. H. W. Freeman Const. Co., Inc.

    637 S.W.2d 794 (Mo. Ct. App. 1982)   Cited 18 times
    In Stegan v. H.W. Freeman Const. Co., Inc., 637 S.W.2d 794 (Mo.App. 1982), in an Old Warson situation, the plaintiff's verdict-directing instruction was patterned on MAI 25.03. It did not, however, contain paragraph Fifth of MAI 25.03 dealing with giving defendant notice.

    Because defendant failed to set forth the challenged instruction in its brief in accordance with Rule 84.04(e), it has not preserved the point for appellate review. Sewell v. MFA Mut. Ins. Co., 597 S.W.2d 284, 290 (Mo.App. 1980). Furthermore, since the record on appeal does not contain defendant's suggested verdict director, we cannot determine whether it would have properly instructed the jury.