ZUECK v. OPPENHEIMER GATEWAY PROPERTIES

No. 73226.

809 S.W.2d 384 (1991)

Stephen ZUECK, Plaintiff-Appellant, v. OPPENHEIMER GATEWAY PROPERTIES, INC., et al., Defendants-Respondents.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing June 11, 1991.


Attorney(s) appearing for the Case

Paul J. Passanante, M. Jane Matoesian, St. Louis, for plaintiff-appellant.

J. Douglas O'Leary, Robyn Fox, Thomas J. Magee, Ben Ely, Jr., St. Louis, for defendants-respondents.


ROBERTSON, Judge.

Under the common law, one who contracts with an independent contractor is generally not liable for bodily harm caused by the torts of the contractor or the contractor's servants. Where, however, the activity undertaken by the independent contractor is inherently dangerous, the common law recognizes an exception and subjects the landowner to liability to innocent third parties for injuries resulting from failure of the independent contractor to take...

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