# Breeding v. Dodson Trailer Repair, Inc.

> Supreme Court of Missouri · November 20, 1984 · 679 S.W.2d 281

URL: https://www.frixlaw.com/law-library/cases/9776233

## Case

- **Full name:** Bobbie Gene BREEDING, Plaintiff-Respondent, v. DODSON TRAILER REPAIR, INC., and Time D.C., Inc., Defendants-Appellants
- **Court:** Supreme Court of Missouri
- **Decided:** November 20, 1984
- **Citations:** 679 S.W.2d 281; 1984 Mo. LEXIS 274
- **Precedential status:** Published
- **Opinion:** Concurrence by Higgins
- **Judges:** Gunn, Rendlen, Billings, Blackmar, Donnelly, Welliver, Higgins
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9776233

## How later opinions describe it (automated extraction)

- finding evidence of cost of surgery admissible where doctor testified surgery would be necessary only if conservative treatment failed

## Opinion text

HIGGINS, Judge,
concurring.
I concur with the majority in affirmance of the judgment for plaintiff against defendants. I do so specially, however, to express my opinion that it is neither neces *288 sary nor appropriate to tailor an exception to the hearsay rule and overrule Holmes v. Terminal R.R. Association of St. Louis, 363 Mo. 1178 , 257 S.W.2d 922 (1953), in order to deal with the error charged to admission of the hospital record in this case.
Admission of the record excerpt, if erroneous, was not prejudicial because everything recited in the excerpt had already been established by plaintiff’s testimony prior to admission of the record. Hunter v. St. Louis Southwestern Railway Company, 315 S.W.2d 689 (Mo.1958); Harris v. Goggins, 374 S.W.2d 6 (Mo. banc 1963); State v. Zagorski, 632 S.W.2d 475 (Mo. banc 1982).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9776233. Public record. Not legal advice.
