Tamara Thomas v. Esdress Barnes

This case presents the question of whether the BOCA Basic Building Code Sections 104.1-.2 (1975), 1 (hereinafter referred to as ""the Code"") adopted by the City of St. Louis, imposes civil liability upon a lessor for injuries to a third party resulting from a violation of the Code. The trial court granted respondent Mattie Curtis judgment N.O.V. and conditionally granted her a new trial. Appellant, plaintiff below, appeals. We affirm. Appellant was eight years old ol September 1, 1976, when a fluorescent light tube fell from a fixture in Terry's Market located at 5100 Ridge in the City of St. Louis and struck her in the face. Appellant, a business invitee, was at the market to purchase milk for her younger brother. When the light tube fell, it cut appellant's face, leaving a wound that required twelve stitches and resulted in a permanent scar.