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COSSEY v. AIR SYSTEMS INTERN., INC.

No. ED 91219.

273 S.W.3d 588 (2009)

Joseph COSSEY, Nina Robeson, Next Friend of Dylan S. Robeson, and Alyssa E. Robeson, and Nina Robeson as Personal Representative of the Estate of John Steven Robeson, Appellants, v. AIR SYSTEMS INTERNATIONAL, INC., Defendant, and Fields Petroleum, Inc., Respondent, T.R. Consulting, Inc., and Tony Rieck, Defendants.

Missouri Court of Appeals, Eastern District, Division One.

January 20, 2009.

Attorney(s) appearing for the Case

Joel A. Poole, St. Louis, MO, for appellants.

Kenneth L. Dement, Jr., Sikeston, MO, for defendant.

Daniel T. Rabbitt, Jr., St. Louis, MO, for respondent.

PATRICIA L. COHEN, Judge.

Introduction

Plaintiffs Joseph Cossey and Nina Robeson, as personal representative of the estate of John Robeson and next friend of Dylan Robeson and Alyssa Robeson, appeal the trial court's grant of summary judgment to Defendant Fields Petroleum on the grounds that the independent contractor exception precludes Defendant's liability. We reverse.

Factual and Procedural Background

Joseph Cossey and...

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