SMITH v. DEWITT AND ASSOCIATES, INC.

No. SD 28949.

279 S.W.3d 220 (2009)

Barry SMITH, Plaintiff-Appellant, v. DEWITT AND ASSOCIATES, INC., Defendant, and Herrman Lumber Company—Branson, Inc., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 26, 2009.


Attorney(s) appearing for the Case

Michael P. Mergen, Springfield, MO, for Appellant.

Paul F. Sherman, Springfield, MO, for Respondent.


DON E. BURRELL, Presiding Judge.

Barry Smith ("Plaintiff") was injured by falling from a third-floor construction platform when a guardrail gave way. Plaintiff alleged in his petition that the guardrail failed because it had been taken down and re-installed multiple times, using the same nail holes. Plaintiff averred that this had caused the guardrail to become loose and that this was not apparent to someone using the platform...

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