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BRUMMITT v. SPRINGER

No. 20127.

918 S.W.2d 909 (1996)

Gaylee BRUMMITT, Plaintiff-Appellant, v. Cindy SPRINGER and Michael H. Powers, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied March 6, 1996.

Application to Transfer Denied April 23, 1996.

Attorney(s) appearing for the Case

Robert P. Warden, Joplin, L. Thomas Elliston, Webb City, Philip A. Glades, Joplin, for plaintiff-appellant.

Jeremiah W. (Jay) Nixon, Attorney General, John R. Munich, David A. Johnston, Clate Baker, Assistant Attorneys General, Jefferson City, for defendants-respondents.

MONTGOMERY, Presiding Judge.

Gaylee Brummitt (Plaintiff) appeals from an order sustaining a motion to dismiss her two-count petition against Defendants Cindy Springer and Michael Powers. Plaintiff's petition alleged that her daughter, Abigail Rhoades, died as a result of Defendants' negligent acts occurring while Abigail was in foster care.

Both counts of Plaintiff's First Amended Petition name the Defendants as Springer and Powers (describing them as state...

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