CLAY v. MISSOURI HIGHWAY AND TRANSP. COM'N

No. WD 51894.

951 S.W.2d 617 (1997)

Leslie R. CLAY, et al., Appellants, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, et al., and Max Rieke & Brothers, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied September 2, 1997.

Application to Transfer Denied October 21, 1997.


Attorney(s) appearing for the Case

G. Spencer Miller, Miller & Marske, Kansas City, for appellants.

John M. Cave, II, James M. Slone, Asst. Counsel, Judy L. Curran, Dist. Counsel, Mo. Highway and Transp. Comm., Kansas City, for respondents.

Before HANNA, P.J., and ELLIS and LAURA DENVIR STITH, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied September 2, 1997.

LAURA DENVIR STITH, Judge.

After a civil jury trial, plaintiffs Leslie and Alma Clay were awarded $19,640 from the Missouri Highway and Transportation Commission (MHTC) under a theory of inverse condemnation, and $22,340 from contractor Max Rieke & Brothers, Inc. (Rieke) under a theoryof strict liability for blasting, for property damage caused by the blasting of rock during...

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