Niemczyk v. Burleson
Missouri Court of Appeals
1Opinion of the Court
*739FLANIGAN, Judge.
Plaintiff was injured while participating in a softball game in Bell City, Missouri. Defendant was the shortstop on the opposing team. As plaintiff, a base runner, was attempting to advance from first base to second base, defendant ran across the infield and collided with plaintiff in the base path.
The petition is grounded on negligence. There is no claim of intentional misconduct on the part of the defendant.
The trial court agreed with defendant that the petition failed “to state a claim upon which relief can be granted,” Rule 55.27(a)(6), and sustained defendant’s motion to…
Also in this document: Concurrence.
2Cases cited39 opinions
- Zuber v. Clarkson Construction Co.Supreme Court of Missouri · 1952
- Pretsky v. Southwestern Bell Telephone CompanySupreme Court of Missouri · 1965
- Stephens v. Kansas City Gas CompanySupreme Court of Missouri · 1946
- Maybach v. Falstaff Brewing Corp.Supreme Court of Missouri · 1949
- Zichler v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
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3Cited by24 opinions
- State Ex Rel. Allen v. BarkerSupreme Court of Missouri · 1979
- Ross v. ClouserSupreme Court of Missouri · 1982
- Kabella v. BouschelleNew Mexico Court of Appeals · 1983
- Breanne Bennett v. Hidden Valley Golf and Ski, Inc.Court of Appeals for the Eighth Circuit · 2003
- Lestina v. West Bend Mutual InsuranceWisconsin Supreme Court · 1993
19 more not listed; retrieve them via the Exa API.