Martinez v. Midland Bank & Trust Co.

WASSERSTROM, Judge.

Rene Martinez died on March 20,1979, as the result of the collapse of a trench in which he was working during the progress of a sewer project. His widow and child collected Workmen’s Compensation death benefits from Gibson & Bowles, Inc. (“Gibson & Bowles”), Martinez’ employer. They then sued as plaintiffs in this action for damages against the following third parties: Midland Bank & Trust Company (“Midland”), Mersco Realty Co., Inc. (“Mer-sco”), North Star Investment Company (“North Star”), Missouri Public Service Company (“MoPub”), Western Electric Company (“Western…