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SMITH v. OVERHEAD DOOR CORP. OF TEXAS

No. WD 46913.

859 S.W.2d 151 (1993)

Frank C. SMITH, et ux., Appellants, v. OVERHEAD DOOR CORPORATION OF TEXAS, d/b/a Horton Automatics, a/k/a Dallas Corporation and Dallas Overhead Door, Inc., Door Closure Service, Harding Glass Industries, Inc., Builders Glass and Products Company, and Consumers Market, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 31, 1993.

Attorney(s) appearing for the Case

Charles Edward Weedman, Jr., Harrisonville, for appellants.

Timothy W. Monsees, James P. Barton, Jr., R. Michael Steele, Lance Wolf Lefevre, Kansas City, George R. Lilleston, Clinton, Robert E. Gould, Kansas City, for respondents.

Before FENNER, P.J., and SPINDEN and SMART, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 31, 1993.

SPINDEN, Judge.

Before Frank C. Smith and his wife could get their personal injury suit to trial, they lost all of their defendants. They first sued Consumers Market in Clinton after the market's automatic doors closed on Smith on July 11, 1984, and injured him. They sued only Consumers on October 25, 1985, under a general theory of landowner's liability, but Consumers later impleaded...

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