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KELLY v. DAIRY QUEEN ENTERPRISES, INC.

No. 39651.

581 S.W.2d 903 (1979)

Otis A. KELLY, Respondent, v. DAIRY QUEEN ENTERPRISES, INC., Ulrich Thiesen and Cecilia M. Thiesen, d/b/a Dairy Queen Restaurants, Appellants.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied June 15, 1979.

Application to Transfer Denied June 19, 1979.

Attorney(s) appearing for the Case

Anthony F. Vaiana, St. Louis, for appellants.

Kortenhof & Ely, K. Steven Jones, St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 15, 1979.

ALDEN A. STOCKARD, Special Judge.

Otis Kelly, a self-employed heating and air conditioning repairman, was injured when a ladder upon which he was climbing to the roof of a Dairy Queen restaurant at 609 Lafayette Street, St. Louis, Missouri, slid out from beneath him. He brought an action against Dairy Queen Enterprises, Inc., and the individual franchise operators of the restaurant...

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