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RAPP v. EAGLE PLUMBING, INC.

No. ED 100042.

440 S.W.3d 519 (2014)

John C. RAPP, Appellant, v. EAGLE PLUMBING, INC., Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 7, 2014.

Application for Transfer Denied September 30, 2014.

Attorney(s) appearing for the Case

James D. O'Leary , St. Louis, MO, for appellant.

Portia C. Kayser , St. Louis, MO, for respondent.

PATRICIA L. COHEN, Judge.

Introduction

John Rapp (Plaintiff) appeals the trial court's grant of summary judgment to Eagle Plumbing, Inc. (Defendant) on his action in negligence. Plaintiff contends the trial court erred in granting summary judgment to Defendant based on the open and obvious doctrine because it applies only to possessors of land. Plaintiff also asserts that, even assuming application of the...

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