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LONERGAN v. MAY

No. WD 58498.

53 S.W.3d 122 (2001)

Loren LONERGAN, Camielle Lonergan and Michael Lonergan by Loren Lonergan, next friend, Appellants, v. Arthur B. and Carolyn N. MAY; Union Electric Company; and David Werner, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 29, 2001.

Attorney(s) appearing for the Case

Randall D. Thompson, Kansas City, for appellant.

Carol Franke Walsh, Kansas City, for respondent May.

Ann Elizabeth Buckley, St. Louis, for respondent Union Electric.

Phillip Anthony Brooks, Kansas City, for respondent Werner.

Before HOLLIGER, P.J., LOWENSTEIN and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 29, 2001.

NEWTON, Judge.

I. Factual and Procedural Background

On or about April 30, 1997, Michael Lonergan, David Werner and another passenger, not party to this suit, were riding in a 21 foot 1997 Regal boat on the Lake of the Ozarks (the lake) at approximately the 27.8 mile marker. Mr. Werner owned the boat. The boat collided with a catwalk connected to a boat dock, both...

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