Bourguignon v. Thirteen-Fifty Investment Co.

GAITAN, Judge.

This is the second action filed by plaintiffs, John and Cynthia Bourguignon, involving John Bourguignon’s accident at a swimming pool in Warrensburg, Missouri on June 27, 1977. This Court decided the first action in Holiday Inns, Inc. v. Thirteen-Fifty Investment Co., 714 S.W.2d 597 (Mo.App.1986), and reversed Thirteen-Fifty’s judgment in indemnity. This second action arises out of the same events, parties and issues as the first. However, in this second action the Bourguignons seek to execute against Holiday Inns on an equitable creditor’s bill theory and employ a legal theory…