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BURKE v. L & J FOOD AND LIQUOR, INC.

No. WD 53336.

945 S.W.2d 662 (1997)

Stacy Rene BURKE, Appellant, v. L & J FOOD AND LIQUOR, INC., et al., Respondent.

Missouri Court of Appeals, Western District.

May 27, 1997.

Attorney(s) appearing for the Case

Paul Thomas Loughlin, Jr., Kansas City, for Appellant.

James L. Sanders, Overland Park, KS, for Respondent.

Before ELLIS, P.J., and LOWENSTEIN and HOWARD, JJ.

LOWENSTEIN, Judge.

The primary issue presented in this appeal from the grant of summary judgment is whether the conservator of an injured person, in settling a personal injury claim against a tortfeasor may also, without obtaining the assent of the injured person's spouse, release the derivative loss of consortium claim of the spouse?

The facts here are somewhat unusual. Frederick Burke was an employee of the respondent L & J Food and Liquor. Respondents...

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