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HEATER v. BURT

No. 70520.

769 S.W.2d 127 (1989)

Barbara S. HEATER and Henry S. Heater, Plaintiffs-Appellants, v. Evelyn BURT and City of Florissant, Defendants-Respondents.

Supreme Court of Missouri, En Banc.

April 18, 1989.

Attorney(s) appearing for the Case

Bernard P. McDonnell, Clayton, for plaintiffs-appellants.

Eugene K. Buckley, Marcia A. Goldsmith, St. Louis, for defendants-respondents.

Ronald R. Holliger, Kansas City, for amicus curiae Missouri Ass'n of Trial Attys.

HIGGINS, Judge.

Barbara Heater filed this suit to recover damages sustained as a result of falling on the sidewalk in front of Evelyn Burt's home in Florissant, Missouri. Henry Heater, her husband, claims damages for loss of consortium. The amended petition alleges the City's sidewalk was in a dangerous condition due, among other reasons, to unevenness of the slabs forming the sidewalk; and that the dangerous condition caused Barbara to fall resulting in a broken...

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