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MARTINEZ v. MIDLAND BANK & TRUST CO.

No. WD33284.

652 S.W.2d 193 (1983)

Cheryl MARTINEZ, Individually and as next Friend of Vince M. Martinez, Appellants, v. MIDLAND BANK & TRUST CO., et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 31, 1983.

Application to Transfer Denied June 30, 1983.

Attorney(s) appearing for the Case

Robert K. Ball, II, Theodore D. Barnes, Kansas City, for appellants.

Edward W. Mullen, Paula Fulks-Vonder Haar, Kansas City, for respondents Midland Bank & Trust Co., North Star Inv. Co. and W.R. Gibson.

James Borthwick, Penni L. Johnson, Kansas City, for respondents Dave Cross and Missouri Public Service Co.

Sylvester Powell, Jr., Lance W. LeFevre, Kansas City, for respondents Stanley and Laverne Grace.

Paul L. Wickens, Lindsay K. McFerrin, Kansas City, for respondent Unity School of Christianity.

William G. Beck, Kansas City, for respondent City of Lee's Summit, Mo.

Before MANFORD, P.J., and WASSERSTROM and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 1983.

WASSERSTROM, Judge.

Rene Martinez died on March 20, 1979, as the result of the collapse of a trench in which he was working during the progress of a sewer project. His widow and child collected Workmen's Compensation death benefits from Gibson & Bowles, Inc. ("Gibson & Bowles"), Martinez' employer. They then sued as plaintiffs in this action for damages against the following...

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