Legal Opinion

Phillips v. Atlantic Richfield Co., Inc.

Missouri Court of Appeals

Decided December 3, 1979No. KCD 30571PublishedCited by 9 opinions

1Opinion of the Court

TURNAGE, Judge.

Charles Phillips and his wife, Loreda, filed suit against Atlantic Richfield for injuries received by Charles when a hoist in the service station he leased from Atlantic Richfield fell on him. The court entered summary judgment in favor of Atlantic Richfield and Phillips appeals.

Phillips contends the court erred in granting summary judgment because there was a genuine issue of fact as to the validity of the exoneration clause in the lease when there was a large disparity in the bargaining power between Phillips and Atlantic Richfield. Affirmed.

Phillips filed his suit for…

2Cases cited5 opinions

  1. Weaver v. American Oil CompanyIndiana Supreme Court · 1971
  2. Johnson v. Mobil Oil Corp.District Court, E.D. Michigan · 1976
  3. Edwards v. HeidelbaughMissouri Court of Appeals · 1978
  4. Rock Springs Realty, Inc. v. WaidSupreme Court of Missouri · 1965
  5. Adzick v. ChulickMissouri Court of Appeals · 1974

3Cited by9 opinions

  1. Liberty Financial Management Corp. v. Beneficial Data Processing Corp.Missouri Court of Appeals · 1984
  2. Bakewell v. Missouri State Employees' Retirement SystemMissouri Court of Appeals · 1984
  3. World Enterprises, Inc. v. Midcoast Aviation Services, Inc.Missouri Court of Appeals · 1986
  4. Haines v. St. Charles Speedway, Inc.District Court, E.D. Missouri · 1988
  5. Crawford v. Boatman's Bank of West CountyMissouri Court of Appeals · 1982

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