Kinney v. City of St. Louis

CRIST, Judge.

We issued our original opinion herein on February 15, 1983. An application for transfer to the Missouri Supreme Court was sustained. On June 2, 1983, this cause was retransferred to the Missouri Court of Appeals, Eastern District, for consideration in light of Wolfgeher v. Wagner Cartage Service, 646 S.W.2d 781 (Mo.banc 1983).

In Wolfgeher, our Supreme Court permit ted recovery for an employee’s back injury caused by a strain from lifting a refrigerator where there was no evidence of slip, fall or unusual or abnormal strain. Further, the Supreme Court held a liberal construction…