From Casetext: Smarter Legal Research

Favier v. Dierbergs Markets, Inc.

Missouri Court of Appeals, Eastern District, Division One
Jan 11, 2000
24 S.W.3d 720 (Mo. Ct. App. 2000)

Opinion

No. ED75535.

January 11, 2000.

Appeal from the Circuit Court of St. Charles County, Honorable Grace M. Nichols.

James S. Collins, II, Camala C. Francis, LAW OFFICES OF JAMES S. COLLINS, II, 1015 Locust Street, Suite 428, St. Louis, MO 63101, attorneys for appellant.

Michael J. Pitzer, Douglas S. Dove, RABBITT, PITZER SNODGRASS, P.C., 800 Market Street, Suite 2300, St. Louis, MO 63101, attorneys for respondent.

Before GAERTNER, P.J. and SIMON and JAMES R. DOWD, JJ.



ORDER


Plaintiff, Benjamin Favier, a minor, by his next friend James B. Favier, appeals from a judgment entered on a jury verdict in favor of defendant, Dierbergs Markets, Inc., on his claim for an injury to his hand at a Dierbergs market. Plaintiff contends the trial court abused its discretion and committed prejudicial error in allowing defendant, over objection, to question plaintiff's non-party mother about her failure to control him in the store and allowing defendant to argue that plaintiff's mother was the cause of the accident because the mother's negligence cannot be imputed to her child and there is no evidence that his mother knew of the existence of any danger from the conveyor belt and switch.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. As an extended opinion would have no precedential value, we affirm the judgment pursuant to Rule 84.16(b).


Summaries of

Favier v. Dierbergs Markets, Inc.

Missouri Court of Appeals, Eastern District, Division One
Jan 11, 2000
24 S.W.3d 720 (Mo. Ct. App. 2000)
Case details for

Favier v. Dierbergs Markets, Inc.

Case Details

Full title:BENJAMIN J. FAVIER, A MINOR, BY HIS NEXT FRIEND, JAMES B. FAVIER…

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

Date published: Jan 11, 2000

Citations

24 S.W.3d 720 (Mo. Ct. App. 2000)