Rogers v. Frank C. Mitchell Co.

RHODES, Judge.

Teresa and Michael Rogers (“Plaintiffs”) appeal the granting of summary judgment in favor of Frank C. Mitchell Company (“Defendant”) on their claim for personal injuries. Teresa Rogers was injured when a tree, located near a water line Defendant installed, fell on her while driving her car. We reverse and remand.

Defendant entered into a contract with the City of Valley Park (“City”) for the construction of a ten inch water line through the City. The specifications given to Defendant called for the water line to be installed across the subject property, near a large oak tree. In…