MAYS v. PENZEL CONST. CO.

No. 56464.

801 S.W.2d 350 (1990)

Allen MAYS and Sandra Mays, Appellants, v. PENZEL CONSTRUCTION COMPANY, Respondent.

Missouri Court of Appeals, Eastern District, Southern Division.

Concurring Opinion November 20, 1990.


Attorney(s) appearing for the Case

Richard L. Hughes, St. Louis, for appellants.

F. Patrick Davis, Finch, Bradshaw, Strom & Steele, Cape Girardeau, for respondent.


HAMILTON, Judge.

Plaintiffs-Appellants, Allen and Sandra Mays, appeal a jury verdict in favor of Defendant-Respondent Penzel Construction Company (hereinafter Penzel) in a personal injury action. Allen Mays (hereinafter Mays), an employee of the subcontractor Lasley Construction Company (hereinafter Lasley), was injured while working on premises leased and occupied by Penzel. Mays based his claim on the inherently dangerous activity exception to the rule of the immunity...

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