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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Smith v. Thomas, 210 S.W.3d 241 (2006)

Citation
Smith v. Thomas, 210 S.W.3d 241 (2006)
Parent Document
Smith v. Thomas, 210 S.W.3d 241 (2006)
Jurisdiction
Missouri (state)
Effective Date
2006-10-03

Full Text

477 chars
ment of Appellant’s cause of action and to impeach the credibility of Appellant’s witness. “An affirmative defense seeks to defeat or avoid the plaintiffs cause of action, and avers that even if the allegations of the petition are taken as true, the plaintiff cannot prevail because there are additional facts that permit the defendant to avoid the legal responsibility alleged.” Id. at 257; see also Rice v. James, 844 S.W.2d 64, 66 (Mo.App. E.D.1992) (quoting Parker v. Pine,