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Date: 08-07-2023
Case Style:
Case Number: 4:23-cv-00076
Judge: Stephen R. Bough
Court: United States District Court for the Western District of Missouri (Jackson County)
Plaintiff's Attorney: Jim Rexford and Phil Strozier
Defendant's Attorney: Megan Lammert and Josh Davis for VP Maple Hills, LLC d/b/a Eastwood Crossing Apartments and Greystar Management Services, L.P.
Description: Kansas City, Missouri personal injury lawyers represented Plaintiff who sued Defendants on premises liability negligence theories.
This case was filed in the Circuit Court of Jackson County Independence, 2316-CV00031, and was removed to federal court by Defendants.
"Missouri premises liability law is a set of rules that govern the liability of property owners for injuries that occur on their property. The law divides visitors to property into three categories: trespassers, licensees, and invitees. The property owner's duty of care to each category of visitor is different.
Trespassers: Property owners owe no duty of care to trespassers. This means that a property owner is not liable for injuries to a trespasser, even if the property owner knew or should have known about the dangerous condition that caused the injury.
Licensees: Property owners owe licensees a duty to make safe any dangers of which they are aware. This means that a property owner must take reasonable steps to remove or warn of dangers that they know about. However, a property owner does not have to take steps to make the premises safe for licensees if they are unaware of the danger.
Invitees: Property owners owe invitees the highest duty of care. This means that a property owner must use reasonable care to protect invitees from both known and unknown dangers. This includes inspecting the premises for hazards, fixing any hazards that are found, and warning invitees of any known hazards.
In Missouri, social guests are not a fourth class of visitor, but instead a subclass of licensees. This means that property owners owe social guests the same duty of care that they owe to other licensees.
If you are injured on someone else's property in Missouri, you may be able to file a premises liability lawsuit against the property owner. To succeed in a premises liability lawsuit, you must prove that the property owner was negligent and that their negligence caused your injuries. You must also prove that you were a licensee or invitee, and not a trespasser.
If you have been injured in a premises liability accident, you should speak with an experienced personal injury attorney to discuss your legal options. An attorney can help you understand the law and determine if you have a case. They can also help you gather evidence and file a lawsuit, if necessary."
Google Bard
Outcome: Before the Court is a Joint Stipulation for Dismissal With Prejudice. (Doc. #35.) Upon review, the dismissal is GRANTED. It is hereby ORDERED that this case is DISMISSED WITH PREJUDICE, with each party to bear its own costs, expenses, and attorneys' fees. Signed on 8/7/2023 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Murphy-Carr, Shauna) (Entered: 08/07/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: