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MILES EX REL. MILES v. RICH

No. ED 95112.

347 S.W.3d 477 (2011)

Marissa MILES, a minor by and through her Mother and Next Friend, Dana MILES, Plaintiff, v. Linda Darlene RICH, Defendant/Third-Party Plaintiff/Appellant, v. Humane Society of Missouri d/b/a St. Louis Humane Society, Third-Party Defendant/Respondent.

Missouri Court of Appeals, Eastern District.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 12, 2011.

Application for Transfer Denied October 4, 2011.

Attorney(s) appearing for the Case

Joseph K. Robbins , The Robbins Law Firm, St. Louis, MO, for plaintiff.

Russell F. Watters , Scott H. Morgan , St. Louis, MO, for appellant.

William T. Kacerovskis , Law Offices of Robert J. Hayes, St. Louis, MO, for respondent.

KATHIANNE KNAUP CRANE, Presiding Judge.

Plaintiff filed an action against the defendant dog owner for damages arising from injuries sustained when plaintiff was bitten by the dog owner's dog. The dog owner then filed a third-party petition against the humane society from which she had adopted the dog, seeking contribution under a theory of common law negligence. The trial court dismissed the third-party petition with prejudice for failure to state a claim upon which...

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