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TREASTER v. BETTS

Nos. WD 71654, WD 71857.

324 S.W.3d 487 (2010)

Larry TREASTER, et ux., Appellants, v. Steve BETTS, et al., Respondents.

Missouri Court of Appeals, Western District.

November 9, 2010.

Attorney(s) appearing for the Case

Patrick J. Berrigan and Joseph P. Masterson , Kansas City, MO, for appellants.

R. Todd Ehlert , Edwin H. Smit and Sharon Kennedy , St. Joseph, MO, for respondents.

Before Division Four: LISA WHITE HARDWICK, Chief Judge, Presiding, GARY D. WITT, Judge and KEITH MARQUART, Special Judge.

GARY D. WITT, Judge.

Larry Treaster appeals the circuit court's granting of Respondents' Motion to Dismiss for lack of subject matter jurisdiction. For the reasons set forth herein, we reverse.

Statement of the Facts

Appellant, Larry Treaster ("Treaster") was employed by MoKan Transit Concrete, Inc. ("MoKan"), as a concrete truck driver. On January 9, 2003, working at a job site pouring concrete, the motor that powered the concrete truck's drum

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