DAVIDSON BY DAVIDSON v. ALLEN

No. WD 43094.

798 S.W.2d 224 (1990)

Jody Lee DAVIDSON, by Next Friend Francie DAVIDSON, Appellant, v. Roger L. ALLEN and Janis Allen, Respondents.

Missouri Court of Appeals, Western District.

October 30, 1990.


Attorney(s) appearing for the Case

J.C. Hambrick, Jr., Catherine Reinmiller, Kansas City, for appellant.

Norman I. Reichel, Kansas City, for respondents.

Before BERREY, P.J., and FENNER and ULRICH, JJ.


BERREY, Judge.

Jody Davidson by his next friend Francie Davidson, his mother, appeals from a grant of summary judgment in favor of respondents, Roger and Janis Allen in a tort action. Appellant argues that the trial court erred in granting respondent's motion for summary judgment because a genuine issue of material fact existed for the jury as to whether respondents had a duty to repair or warn of the dangerous condition,

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