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NOKES v. HMS HOST USA, LLC

Nos. WD 73055, WD 73056.

353 S.W.3d 6 (2011)

Lester NOKES, Appellant, Norma Robinson, Tony Gutierrez, Jackson Gutierrez and Eustolio Gutierrez, Appellants, v. HMS HOST USA, LLC, HMS Host Corporation, Host International, Inc., LJA Enterprises, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 1, 2011.

Application for Transfer Denied December 20, 2011.

Attorney(s) appearing for the Case

Randall L. Rhodes , Bradley D. Kuhlman , and Chad C. Lucas , Kansas City, MO, for appellants.

Paul L. Wickens and Robert Harold Houske , Kansas City, MO, for respondents.

Special Panel: JAMES M. SMART, JR., P.J., JAMES E. WELSH, J., and ZEL M. FISCHER, Sp.J.

ZEL M. FISCHER, Special Judge.

The families of Sandra Nokes and Diana Gutierrez ("Nokes") appeal the Jackson County circuit court's entry of summary judgment in favor of HMS Host USA, LLC, HMS Host Corporation, Host International, Inc., and LJA Enterprises, Inc. ("Host defendants") in a consolidated action for dram shop liability under § 537.053, RSMo Supp.2006.1 The issue on appeal is whether Nokes presents sufficient evidence to...

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