State ex rel. C. J. Patterson Co. v. Bacon

Missouri Court of Appeals

State ex rel. C. J. Patterson Co. v. Bacon

589 S.W.2d 113, 1979 Mo. App. LEXIS 3125

CourtMissouri Court of Appeals

DecidedOctober 16, 1979

DocketNo. 11425

StatusPublished

This text of 589 S.W.2d 113 (State ex rel. C. J. Patterson Co. v. Bacon) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. C. J. Patterson Co. v. Bacon, 589 S.W.2d 113, 1979 Mo. App. LEXIS 3125 (Mo. Ct. App. 1979).

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Opinion

PREWITT, Judge.

Relator was, or had been, the employer of a plaintiff in a personal injury action pending before respondent. The record indicates that the plaintiff was injured while in the course of his employment and received workmen’s compensation benefits. Defendants, in that action, caused relator to be served with a third-party petition seeking an apportionment of fault or indemnity on the basis of the holding in Missouri Pacific Railroad Company v. Whitehead & Kales Company, 566 S.W.2d 466 (Mo. banc 1978). Relator filed, in the trial court, a motion to dismiss or in the alternative for summary judgment and respondent indicated he would overrule the motions. Pursuant to relator’s petition to this court, we issued a preliminary writ in prohibition.

After our preliminary writ, State of Missouri ex rel. Maryland Heights Concrete Contractors, Inc. v. Ferriss, 588 S.W.2d 489 (Mo. banc 1979), and State of Missouri ex rel. Advanced Circuitry Division, Litton Systems, Inc. v. Powell, 588 S.W.2d 493 (Mo. banc 1979) were decided. They appear to have ruled the question before us, and we are advised that the third-party petition against relator has now been dismissed. No point would be served in continuing our writ. State ex rel. Craig v. Pyle, 536 S.W.2d 523 (Mo.App.1976). Accordingly, we quash the preliminary writ in prohibition previously issued herein.

It is so ordered.

All concur.

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PREWITT, Judge.

Relator was, or had been, the employer of a plaintiff in a personal injury action pending before respondent. The record indicates that the plaintiff was injured while in the course of his employment and received workmen’s compensation benefits. Defendants, in that action, caused relator to be served with a third-party petition seeking an apportionment of fault or indemnity on the basis of the holding in Missouri Pacific Railroad Company v. Whitehead & Kales Company, 566 S.W.2d 466 (Mo. banc 1978). Relator filed, in the trial court, a motion to dismiss or in the alternative for summary judgment and respondent indicated he would overrule the motions. Pursuant to relator’s petition to this court, we issued a preliminary writ in prohibition.

After our preliminary writ, State of Missouri ex rel. Maryland Heights Concrete Contractors, Inc. v. Ferriss, 588 S.W.2d 489 (Mo. banc 1979), and State of Missouri ex rel. Advanced Circuitry Division, Litton Systems, Inc. v. Powell, 588 S.W.2d 493 (Mo. banc 1979) were decided. They appear to have ruled the question before us, and we are advised that the third-party petition against relator has now been dismissed. No point would be served in continuing our writ. State ex rel. Craig v. Pyle, 536 S.W.2d 523 (Mo.App.1976). Accordingly, we quash the preliminary writ in prohibition previously issued herein.

It is so ordered.

All concur.

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589 S.W.2d 113, 1979 Mo. App. LEXIS 3125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-c-j-patterson-co-v-bacon-moctapp-1979.

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