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SWEET v. HERMAN BROS., INC.

No. WD 35927.

688 S.W.2d 31 (1985)

David SWEET and Colleen Sweet, Respondents, v. HERMAN BROTHERS, INC., and Fruehauf Corporation, Appellants, Herzog Contracting Corporation, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied April 2, 1985.

Application to Transfer Denied April 30, 1985.

Attorney(s) appearing for the Case

John K. Thomas, St. Joseph, for appellant Herman Bros., Inc.

George A. Barton, Kansas City, for Fruehauf Corporation.

Richard A. Heider, St. Joseph, for respondents Sweet.

Jeffrey B. Davison, St. Joseph, for Herzog Contracting Corp.

Before KENNEDY, P.J., and DIXON and LOWENSTEIN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied April 2, 1985.

KENNEDY, Presiding Judge.

Plaintiff David Sweet was an employee of Herzog Contracting Corporation on September 10, 1981 when he sustained burns from a spill of hot asphalt as he was unloading a tanker truck. He received workers' compensation benefits from Herzog or its insurer. The present action for damages is brought by Sweet and his wife against the owner of the tanker...

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