(DOWNLOAD) "Antonio Barbera and Rosa Barbera v." by Eastern District, Division Two Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Antonio Barbera and Rosa Barbera v.
- Author : Eastern District, Division Two Court of Appeals of Missouri
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Gary M. Gaertner, Judge Plaintiffs-appellants Antonio and Rosa Barbera appeal from trial court's ruling dismissing several
counts of their petition in personal injury and products liability action. On appeal appellants urge this court to recognize
a loss of parental consortium action, heretofore not cognizable in Missouri, and overrule the trial court's dismissal of a
claim for loss of parental consortium brought on behalf of their son Giuseppe. Appellants also challenge the trial court's
dismissal of their action against the landowner and its agent. Appellants argue than painting at a height of 28 feet is an
inherently dangerous activity and therefore the general rule precluding liability of a landowner where he hires an independent
contractor does not apply. We affirm. Ward Painting Company (Ward) employed Antonio Barbera as a union painter. Salem-in-Ladue Methodist Church (Salem) contracted
with Ward to paint the exterior of its church building. Salem entered into the contract with Ward through one of its trustees,
Thomas M. Klinger. On May 11, 1987, Antonio Barbera was painting the exterior of a window frame of the church building at
a height of approximately 28 feet. Barbera was standing on an extension ladder which was supported by an "airplane pick"
1 using a bridging method. Barbera thereafter fell from the ladder striking his neck on the airplane pick during the fall.
The fall crushed Barbera's C-5 vertebra resulting in quadriplegia and other injuries.
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