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McCORMACK v. DOUGLAS

No. SD 30274.

328 S.W.3d 446 (2010)

Stephanie McCORMACK, Grant Alec McCormack, by and through his Next Friend, Stephanie McCormack, and Natalie Grace McCormack, by and through her Next Friend, Stephanie McCormack, Plaintiffs-Appellants, v. Joshua C. DOUGLAS, Defendant-Respondent, and Ebenezer Fire Protection District, Defendant.

Missouri Court of Appeals, Southern District.

Motion for Rehearing or Transfer Denied December 8, 2010.

Application for Transfer Denied January 25, 2011.

Attorney(s) appearing for the Case

Greggory D. Groves , Heather L. Rooney , Springfield, MO, for Appellants.

Michael E. McCausland , Charles A. Edgeller , Kansas City, MO, for Respondent Joshua C. Douglas.

NANCY STEFFEN RAHMEYER, Presiding Judge.

Appellants,1 survivors of decedent Gary McCormack, brought a wrongful death claim against Joshua C. Douglas ("Respondent"), a volunteer firefighter, and the Ebenezer Fire Protection District. The court entered a grant of summary judgment in favor of Respondent on the basis of official immunity and the public duty doctrine. Appellants now appeal that grant of summary judgment entered against them...

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