Sanford Simon Et Al. v. Kansas City Rug

Appeal from an order sustaining a motion to dismiss a third party petition. The order was designated a final order for the purpose of appeal. See Civil Rule 82.06. Plaintiffs filed suit in the circuit Court of Jackson County, Missouri on December 6, 1967, seeking $300,000 damages for personal injuries and property damage alleged to have been sustained by them on December 6, 1965 as a result of the negligence of Kansas City Rug Company, Inc., a Missouri corporation, employed by plaintiffs to clean a rug in their home in Prairie Village, Kansas. Count I of the petition charged rug company with negligence, carelessness and recklessness in the use of its equipment, and in the use of dangerous materials and substances in coming upon the premises to clean the rug, in that it (1) used unsafe materials, substances and equipment; (2) failed to warn and notify plaintiffs of said unsafe materials, substances and equipment and as to its use; (3) failed to ventilate properly, and (4) knew or should have known they were using unsafe materials, substances and equipment that were likely to cause damage. Alternatively, Count II alleged that in attempting to clean the carpet rug company used various dangerous materials and substances to plaintiffs' damage; that rug company was in sole and exclusive control of the materials, substances and equipment used, and had superior knowledge or means of information as to the cause of the casualty, which ordinarily would not have happened if those in control had exercised due care; and that the casualty was proximately caused by rug company's negligence. Count III was based on breach of contract. Count IV was based upon misrepresentation. Additional counts for loss of services were alleged.