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SANDZA v. CITY OF DES PERES

No. 54750.

768 S.W.2d 582 (1989)

Joseph G. SANDZA, III, b/n/f Helen Sandza, Plaintiff/Respondent, v. CITY OF DES PERES, Missouri, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied April 3, 1989.

Application to Transfer Denied May 16, 1989.

Attorney(s) appearing for the Case

Donald L. James, William T. Kacerovskis, Brown, James & Rabbitt, St. Louis, for defendant/appellant.

David Campbell, Campbell & Campbell, St. Louis, for plaintiff/respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 3, 1989.

SMITH, Presiding Judge.

Defendant, City of Des Peres, appeals from the order of the trial court awarding plaintiff a new trial on the basis of instructional error. We reverse.

Plaintiff, then 14, lost portions of three fingers when a Class B commercial fireworks device with which he was playing exploded. The incident occurred in a city park in Des Peres, and the plaintiff found...

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