Jerry Givens & Shala Givens v. Highland

Plaintiffs, Jerry and Shala Givens, appeal after the court sustained defendant Highland Diversified, Inc.'s, Motion to Dismiss plaintiffs' amended petition. We reverse and remand. A petition for personal injuries was originally filed on May 20, 1988, against Hillsboro Plaza, Inc. and Daniel and Joyce Queen. Plaintiffs alleged Hillsboro Plaza, Inc., owned property and the Queens were proprietors of Queens Market. They asserted these defendants were negligent in maintaining an unsafe condition on a loading dock which caused plaintiff Jerry Givens' injuries after a fall on the dock, on May 24, 1983. Defendants answered by denying proprietorship of the market. The court approved the settlement made pursuant to § 537.060 RSMo 1986 between plaintiffs and defendant Hillsboro Plaza. Inc.