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McKINNEY v. H.M.K.G. & C., INC.

No. WD 62222.

123 S.W.3d 274 (2003)

Danielle McKINNEY, Respondent, v. H.M.K.G. & C., INC. d/b/a Club OX d/b/a XO Club, Defendant, David Porter d/b/a Fanny's Building Co., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 23, 2003.

Application for Transfer Denied January 27, 2004.

Attorney(s) appearing for the Case

Michael A. Childs, Kansas City, MO, for appellant.

Patrick F. Bottaro, Kansas City, MO, for respondent.

Jeffrey S. Eastman, Gladstone, MO, for defendant.

Before PAUL M. SPINDEN, P.J., THOMAS H. NEWTON and RONALD R. HOLLIGER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 23, 2003.

THOMAS H. NEWTON, Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

This case involves a question of premises liability. At issue is a landlord's duty to a tenant's business invitee for injuries sustained on the leased premises. After respondent Danielle McKinney fell over a ledge inside of the XO Club in Kansas City, she brought an action against the club's owner and against...

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