HARE v. COLE

No. WD 57764.

25 S.W.3d 617 (2000)

Denis H. HARE, et al., Appellant, v. David Anthony COLE, et al., Respondent.

Missouri Court of Appeals, Western District.

Decided August 22, 2000.


Attorney(s) appearing for the Case

Albert W.L. Moore, Independence, for Appellant.

Shawn Foster, John Schultz, Kansas City, for Respondent Dominos.

Bernard T. Schmitt, Jeffrey W. Dean, Kansas City, for Respondent Cheeze & More.

Before THOMAS H. NEWTON, P.J., PAUL M. SPINDEN, C.J. and JAMES M. SMART, Jr., J.


JAMES M. SMART, Jr., Judge.

Plaintiffs Denis and Michael Hare appeal the grant of a motion for summary judgment filed by defendants Domino's Pizza, Inc. and Cheeze & More, Inc. Appellants contend that the court erred in ruling that the defendants were entitled to judgment as a matter of law. We reverse and remand.

Factual Background

On June 15, 1998, a three-vehicle collision occurred on Highway 24 in Independence, Jackson County, when a vehicle...

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