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BANKS v. VILLAGE ENTERPRISES, INC.

No. WD 57244.

32 S.W.3d 780 (2000)

Edward Devon BANKS and Florence Louise Banks, Respondents, v. VILLAGE ENTERPRISES, INC., A Kansas Corporation, d/b/a Kentucky Fried Chicken of Brookfield, Mo., Appellant.

Missouri Court of Appeals, Western District.

December 5, 2000.

Attorney(s) appearing for the Case

William Stuart Lewis, Trenton, for appellant.

David Allen Masters, Macon, for respondent.

Before Presiding Judge LOWENSTEIN, Judge LAURA DENVIR STITH and Judge NEWTON.

LAURA DENVIR STITH, Judge.

Village Enterprises, Inc., d/b/a Kentucky Fried Chicken (hereinafter "KFC"), appeals the denial of its Motion for New Trial in a case arising out of a choking incident at its restaurant in Brookfield, Missouri. Respondents Edward Banks and Florence Banks were customers at the restaurant when Mr. Banks choked on a piece of "trussing cord" that the restaurant had left in his chicken. Mr. Banks sued KFC for personal injuries, including depression...

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