MEMORANDUM
GUNN, District Judge.
This matter is before the Court on the motion of defendant Ivan Mullenix (Mullenix) to dismiss plaintiffs' second amended petition and defendant's response thereto. In this action plaintiffs Dennis and Katherine Gosnell seek recovery for personal injuries and loss of consortium sustained as a result of Dennis Gosnell's fall from an elevated walkway during the construction of the Bogey Hills apartment complex in St. Charles...
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