Berga v. Archway Kitchen & Bath, Inc.

SIMON, Judge.

Mike and Madalyn Berga, plaintiffs, appeal the granting of a motion to dismiss for failure to state a claim in favor of Archway Kitchen and Bath, Inc. (Archway), in an action for the wrongful death of their son, Mark, pursuant to § 537.080 RSMo. Supp.1992 (all further references shall be to RSMo. Supp.1992 unless otherwise noted).

Plaintiffs contend the trial court erred in granting Archway’s motion to dismiss because: (1) Archway had a legal duty to the general public to use reasonable care to avoid *477creating an unreasonable risk of harm by discharging from work employees who were…