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Clark v. Shoney's Inc.

Missouri Court of Appeals, Eastern District, Division Four
May 7, 1996
921 S.W.2d 168 (Mo. Ct. App. 1996)

Opinion

No. 68873.

May 7, 1996.

APPEAL FROM THE CIRCUIT COURT OF THE CITY OF ST. LOUIS; HONORABLE JACK L. KOEHR, JUDGE.

David M. Duree, Reinert Duree, P.C., St. Louis, for Appellant.

Charles E. Reis, IV and Krissa P. Lubben, Brown James, P.C., St. Louis, for Respondent.

Before AHRENS, P.J., and PUDLOWSKI and SIMON, JJ.


ORDER


Three Sevens, Inc., d/b/a City Amoco (Three Sevens), appeals the granting of a motion dismissing their cross-claim for contribution against Shoney's, Inc. (Shoney's). Three Sevens contends that the trial court erred in dismissing the cross-claim because Shoney's owed a duty of care to Terrence Clark, plaintiff, in that it permitted a dangerous condition to exist on its premises and it was reasonably foreseeable that an unknown assailant would attack and injure those on or about its premises. AFFIRMED.

We have reviewed the briefs of the parties and the record on appeal and find that no error of law appears. As we further find an extended opinion would have no precedential value, we affirm the trial court's order pursuant to Rule 84.16(b). A memorandum solely for the use of the parties involved has been provided explaining the reason for our decision.


Summaries of

Clark v. Shoney's Inc.

Missouri Court of Appeals, Eastern District, Division Four
May 7, 1996
921 S.W.2d 168 (Mo. Ct. App. 1996)
Case details for

Clark v. Shoney's Inc.

Case Details

Full title:TERRENCE CLARK, PLAINTIFF, v. SHONEY'S INC., D/B/A LEE'S FAMOUS RECIPE…

Court:Missouri Court of Appeals, Eastern District, Division Four

Date published: May 7, 1996

Citations

921 S.W.2d 168 (Mo. Ct. App. 1996)