THEODORO v. CITY OF HERCULANEUM

No. 63854.

879 S.W.2d 755 (1994)

James THEODORO, d/b/a One Stop Boat & Motor, Appellant, v. CITY OF HERCULANEUM, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

July 12, 1994.


Attorney(s) appearing for the Case

John J. Donnelly, St. Louis, for appellant.

Ronald C. Willenbrock, Amelung, Wulff and Willenbrock, St. Louis, for respondent.


SIMON, Presiding Judge.

Appellant, James Theodoro, doing business as One Stop Boat and Motor Shop, appeals from the granting of respondent's, City of Herculaneum, motion to dismiss his petition for negligence.

On appeal, appellant claims the trial court erred in granting respondent's motion to dismiss because: (1) appellant stated a cause of action in his pleadings in that he sufficiently alleged in his second count each of the elements required to establish...

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