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CUNNINGHAM v. HAYES

No. 25388.

463 S.W.2d 555 (1971)

Thomas Michael CUNNINGHAM, a minor, by His Next Friend, Charlotte Cunningham, Woodrow Cunningham and Charlotte Cunningham, Plaintiffs-Respondents, v. Kenneth L. HAYES, d/b/a Marshall Auto Salvage, Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

February 1, 1971.

Attorney(s) appearing for the Case

Donald S. Huff, Huff & Huff, Marshall, for plaintiffs-respondents.

A. Lamkin James, James & Butterfield, Marshall, Christian F. Stipp, Carrollton, for defendant-appellant.

SHANGLER, Presiding Judge.

Plaintiff Thomas R. Cunningham, then seventeen years of age, was seriously injured on premises occupied and used by defendant Kenneth L. Hayes in the conduct of his auto salvage business. Suit was brought on the minor's behalf, as well as their own, by his parents. Verdicts totalling $15,000 were returned for plaintiffs and judgment was entered accordingly. Thereafter, the trial court, having concluded it had committed error both in having...

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