Legal Opinion

Martinez v. Kilroy Was Here LLC

Missouri Court of Appeals

Decided April 3, 2018No. ED 104708PublishedCited by 6 opinions

1Opinion of the CourtJames M. Dowd, Chief Judge

This case arose on April 28, 2012 when a tent measuring 40 feet by 60 feet and erected by bar owner Kilroy Was Here, LLC ("Kilroy") on its premises near Busch Stadium for the purpose of hosting customers following a midday St. Louis Cardinals professional baseball game broke free from its moorings due to high winds during a severe thunderstorm, striking and killing Albert Goodman ("Decedent") and seriously injuring several others. Respondents sued Kilroy for personal injury and wrongful death and submitted the case to the jury on three theories: premises liability, general negligence, and…

2Cases cited10 opinions

  1. Hoover's Dairy, Inc. v. Mid-America Dairymen, Inc./Special Products, Inc.Supreme Court of Missouri · 1985
  2. Smith v. Brown & Williamson Tobacco Corp.Supreme Court of Missouri · 2013
  3. Dibrill ex rel. Wheeler v. Normandy Associates, Inc.Missouri Court of Appeals · 2012
  4. All American Painting, LLC v. Financial Solutions & Associates, Inc.Supreme Court of Missouri · 2010
  5. City of Harrisonville, Appellant-Respondent v. McCall Service Stations d/b/a Big Tank Oil, the Missouri Petroleum Storage Tank Insurance FundSupreme Court of Missouri · 2016

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3Cited by6 opinions

  1. Carrington v. JonesDistrict Court, W.D. Missouri · 2021
  2. Michelle Eickhoff v. Douglas GelbachMissouri Court of Appeals · 2020
  3. Montoya v. Sloan Valve CompanyDistrict Court, E.D. Missouri · 2021
  4. Negron v. Ascension HealthDistrict Court, E.D. Missouri · 2025
  5. State of Missouri ex rel. Kilroy Was Here, LLC, Relators v. The Honorable Joan L. Moriarty, Circuit Judge, Twenty-Second Circuit Court of Saint Louis, MissouriMissouri Court of Appeals · 2021

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