|Gary McCullough and Leihnia "Lena" Chapin|
Lawyers for a couple who were recently found civilly liable for the wrongful death of the woman's former husband have filed an appeal.
Last month a jury in Stone County ordered Sandra and Kristopher Klemp to pay $7 million dollars to the daughter's of Gary McCullough. McCullough went missing in May of 1999. Klemps daughter, Leihnia Chapin, who allegedly helped clean the crime scene and dispose of McCullough's remains, vanished several years after her stepfather.
Attorneys Dale Wiley and John Lewright filed the appeal for a new trial on August 23rd. They allege that "the trial court erred" when their motion for a mistrial was not granted after the plaintiffs' attorney Richard Anderson asked for specific damages in his closing statement. The attorneys argue that the request for a specific amount should have been made in the first half of the closing argument, and cited many cases supporting their position.
Wiley and Lewright also claim the court made a mistake in jury instructions "without including all essential elements of a cause of action for wrongful death."