Legal Opinion

Kelly v. Dairy Queen Enterprises, Inc.

Missouri Court of Appeals

Decided April 24, 1979No. 39651PublishedCited by 9 opinions

1Opinion of the Court

ALDEN A. STOCKARD, Special Judge.

Otis Kelly, a self-employed heating and air conditioning repairman, was injured when a ladder upon which he was climbing to the roof of a Dairy Queen restaurant at 609 Lafayette Street, St. Louis, Missouri, slid out from beneath him. He brought an action against Dairy Queen Enterprises, Inc., and the individual franchise operators of the restaurant for damages for personal injuries sustained in the fall. The jury returned a verdict for $40,000, and defendants have appealed. We reverse.

On Wednesday afternoon, November 26, 1975, at about 3:00 o’clock respondent…

2Cases cited5 opinions

  1. Wilkins v. Allied Stores of MissouriSupreme Court of Missouri · 1958
  2. Hokanson v. Joplin Rendering Company, Inc.Supreme Court of Missouri · 1974
  3. Schmoll v. National Shirt ShopsSupreme Court of Missouri · 1946
  4. Heine v. John R. Thompson Co.Supreme Court of Missouri · 1959
  5. Enloe v. Pittsburgh Plate Glass CompanySupreme Court of Missouri · 1968

3Cited by9 opinions

  1. Joseph L. LeClair v. Hector LeClairSupreme Court of Vermont · 2017
  2. Chism v. White Oak Feed Co., Inc.Missouri Court of Appeals · 1981
  3. Turcol v. Shoney's Enterprises, Inc.Missouri Court of Appeals · 1982
  4. Hayes v. National Super Markets, Inc.Missouri Court of Appeals · 1981
  5. Taylor v. F. W. Woolworth Co.Missouri Court of Appeals · 1979

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