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HEIMBURGER v. STATE HIGHWAY COMMISSION OF MISSOURI

No. 41404.

598 S.W.2d 170 (1980)

David Wayne HEIMBURGER, a Minor, by Virginia M. Hulsey, Next Friend, and Virginia M. Hulsey, Plaintiffs-Appellants, v. STATE HIGHWAY COMMISSION OF MISSOURI, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 25, 1980.

Attorney(s) appearing for the Case

Mark Belz, Clayton, for plaintiffs-appellants.

John W. Koenig, Jr., Thomas H. Pearson, Kirkwood, Kenneth W. Shrum, Marble Hill, for defendant-respondent.

DOWD, Presiding Judge.

Plaintiffs appeal from the trial court's dismissal of their personal injury claims against one of three co-defendants for failure to state a claim upon which relief could be granted. Appellants' action arose from a vehicular accident on May 5, 1978 which appellants allege was caused, in part, by the condition of the roadway maintained by respondent. The trial court dismissed appellants' claims against respondent upon the basis that the doctrine...

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