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FISHER v. BAUER CORP.

No. ED 89432.

239 S.W.3d 693 (2007)

Brian FISHER, Plaintiff/Appellant, v. BAUER CORPORATION, Defendant, and Adzick Construction Co., LLC, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

December 4, 2007.

Attorney(s) appearing for the Case

Alan S. Mandel, Michael J. Sudekum, Schlueter, Mandel & Mandel, LLP, St. Louis, MO, for appellant.

Kurtis B. Reeg, James G. Nowogrocki, Lynn Ann Lehnert, Reeg & Nowogrocki, L.L.C., St. Louis, MO, for respondent.

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiff, an employee of a subcontractor on a construction project, filed a petition to recover damages from the general contractor for personal injuries he suffered when he fell from a ladder borrowed from the general contractor. He also sought damages for spoliation of evidence. The trial court dismissed the negligence claim for lack of subject matter jurisdiction and dismissed the spoliation claim for failure to state a...

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