Opinion
No. 72032
OPINION FILED: September 30, 1997 Motion for Rehearing and/or Transfer to Supreme Court Denied October 30, 1997 Application to Transfer Denied November 25, 1997
APPEAL FROM THE CIRCUIT COURT OF CITY OF ST. LOUIS, HONORABLE ROBERT H. DIERKER, JR., JUDGE.
Ray A. Gerritzen, (Tallo) One Mercantile Center, Ste. 2505, St. Louis, MO 63101-1600, for appellant.
A. Stephen Pernoud, (Grand Lindell Partnr.), 515 Olive St., Suite 1700, St. Louis, MO 63101, John Kemppainen, Jr., (Seay), 100 N. Broadway, Ste. 1200, St. Louis, MO 63102, Jerry R. Wilding, (Purcell), 217 N. 10th St., Ste. 400, St. Louis, MO 63101, for respondent.
Kathianne Knaup Crane, P.J., concurring.
Mary Rhodes Russell, J., and James R. Dowd, J., dissenting.
ORDER
Plaintiffs were injured in a three-vehicle accident. They sued the drivers of both of the other cars and the proprietors of a bar they alleged had sold liquor to one of the drivers while he was obviously intoxicated. Grand Lindell Partnership, Inc. ("Grand Lindell"), the defendant bar owner, moved to dismiss the plaintiffs' claim against it in that plaintiffs failed to allege that the bar owner was convicted of selling alcohol to a person obviously intoxicated as required by section 537.053.3 RSMo 1994. The trial court granted Grand Lindell's motion and the plaintiffs filed a timely appeal.
No error of law appears. An opinion reciting detailed facts and restating principles of law would have no precedential value. However, the parties have been furnished with a memorandum opinion for their information only. This memorandum sets forth the facts and reasons for this order.
The judgment is affirmed in accordance with Rule 84.16(b).