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THOMPSON v. HIGGINBOTHAM

No. WD 65473.

187 S.W.3d 3 (2006)

Athena THOMPSON, et al., Appellants, v. Harlan HIGGINBOTHAM and Gary Sherlock; Defendants O'Riley Brothers Development Company and O'Riley Brothers Construction Company and Ralph and Nancy O'Riley, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 28, 2006.

Application for Transfer Denied April 11, 2006.

Attorney(s) appearing for the Case

James A. Montee, St. Joseph, MO, for Appellants.

Wendell E. Koerner, Jr., Kansas City, MO, for Respondents.

Harlan Higginbotham and Gary Sherlock, Defendants.

Before HAROLD L. LOWENSTEIN, P.J., JOSEPH M. ELLIS, and THOMAS H. NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 28, 2006.

THOMAS H. NEWTON, Judge.

Athena Thompson, Devin Rankin, and Brenda Florea (Plaintiffs) appeal a judgment of the Nodaway County Circuit Court sustaining the Motion for Summary Judgment of O'Riley Brothers Development Co., O'Riley Brothers Construction Co., and Ralph and Nancy O'Riley (collectively, the O'Rileys). The Plaintiffs were allegedly injured when an outdoor balcony attached...

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