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PHELPS v. CITY OF KANSAS CITY

No. WD 74287.

371 S.W.3d 909 (2012)

Angela PHELPS, et al., Appellants, v. CITY OF KANSAS CITY, Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 26, 2012.

Application for Transfer Denied August 14, 2012.

Attorney(s) appearing for the Case

Charles R. Dickman , Kansas City, MO, for appellants.

Douglas McMillan , Kansas City, MO, for respondent.

Before Division Three: THOMAS H. NEWTON, Presiding Judge, JAMES M. SMART, JR., Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Angela Phelps and Lynn Dill appeal the judgment of the circuit court that granted the City of Kansas City, Missouri's motion to dismiss the cause of action on the pleadings. For the reasons explained below, we reverse and remand.

Factual Background

Christopher Dill, ten years old, tragically died while walking in a field adjacent to a street near his school on a rainy day on May 30, 2007. He fell into a ditch filled with running...

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