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KILMER v. MUN

No. SC 81853.

17 S.W.3d 545 (2000)

Maria KILMER, Individually and as Next Friend of Sara L. Kilmer, Teresa Kilmer and Diana Kilmer, Appellants, v. Hui Chan MUN, Defendant, Stefanina's Pizzaria & Restaurant, Inc., Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied June 13, 2000.

Attorney(s) appearing for the Case

James G. Krispin, Clayton, for appellants.

T. Michael Ward, Russell F. Watters, Amy L. Klingemann, Robert J. Wulff, St. Louis, for respondent.

MICHAEL A. WOLFF, Judge.

The widow and children of Thomas Kilmer brought this wrongful death action against Hui Chan Mun, the driver whose car collided with Kilmer's on the wrong side of a divided highway, and against Stefanina's, the restaurant that served beer to Hui Chan Mun after he allegedly was obviously intoxicated. The Kilmers' "dram shop" claim against the restaurant is based on section 537.053.31, which authorizes a cause of...

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