Kaufold v. CHESTERFIELD VILLAGE GP, LLC

232 S.W.3d 699, 2007 Mo. App. LEXIS 1267, 2007 WL 2640732

• Court: Missouri Court of Appeals
• Decided: September 12, 2007
• Docket: 28178
• Status: Published

Opinions

DANIEL E. SCOTT, Judge.

Ón July 16, 2007, this court adopted an opinion in this case. On July 18, 2007, this case was transferred to the Missouri Supreme Court pursuant to Rule 83.03. On August 22, 2007, the Missouri Supreme Court retransferred the case to this court. This court’s original opinion now is readopted.

Plaintiff sued a property owner and management company for his mother’s wrongful death in an apartment fire. The trial court granted summary judgment to the defendants. This case involves the same defendants, fire, lease form, exculpatory clause, claims, issues, and attorneys as, and was orally argued together with, Milligan v. Chesterfield Village GP, LLC, et al., No. 28179, 232 S.W.3d 683 (Mo.App. S.D.2007). Our reasoning in Milligan, decided today, applies equally here and compels similar results. Accordingly, we affirm the judgment herein for defendant Chesterfield, but reverse the judgment for defendant McCormack and remand plaintiffs claims against that defendant for further proceedings consistent with our opinion in Milligan.

PARRISH, J., concurs. RAHMEYER, P.J., concurs in part and dissents in part.