MITCHELL v. McARTHUR

No. 53032.

743 S.W.2d 604 (1988)

Marian MITCHELL and Larry Mitchell, Appellant, v. John McARTHUR and Johnny Mac's Sports Complex, Inc., Respondents.

Missouri Court of Appeals, Eastern District, Division One.

January 19, 1988.


Attorney(s) appearing for the Case

Kenneth K. Vuylsteke, Foehner & Vuylsteke, St. Louis, for appellant.

Ben Ely, Jr., Joseph K. Robbins, Kortenhof & Ely, St. Louis, for respondents.


CRIST, Judge.

Plaintiffs brought an action in tort based upon the alleged negligence of the owners and operators of a softball field in St. Louis County. Plaintiff-wife fractured her leg while sliding into home plate. The trial court sustained defendants' motion to dismiss plaintiffs' fourth amended petition. We affirm.

In their fourth amended petition, plaintiffs pled "the field was operated and maintained" by defendants; defendants were negligent and careless...

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