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REYES v. ST. LUKE'S HOSP. OF KANSAS CITY

No. WD 36993.

716 S.W.2d 294 (1986)

Antonio REYES and Maxine Reyes, Appellants, v. ST. LUKE'S HOSPITAL OF KANSAS CITY, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 28, 1986.

Application to Transfer Denied October 14, 1986.

Attorney(s) appearing for the Case

John A. Maichel, Kansas City, for appellants.

Robert A. Horn, Carol R. Gilham, (argued), Kansas City, for respondent.

Before NUGENT, P.J., and SHANGLER and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 28, 1986.

NUGENT, Presiding Judge.

After discovery of rodent droppings in his cooked cereal, plaintiff Antonio Reyes and his wife, Maxine Reyes, brought this action against St. Luke's Hospital of Kansas City, which had served Mr. Reyes the cereal on a breakfast tray while he was a patient there. The action was founded upon the theory of breach of the common law implied warranty of fitness...

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