Rena Lichterman v. James T. Crockett

Plaintiff, a resident of Jackson County, Missouri, filed this suit in the Circuit Court of St. Louis County against Mr. and Mrs. George E. Wagner and James T. Crockett. The Wagners resided in St. Louis County where they were duly served with process. Defendant Crockett was served in Osage County, Missouri, where he resided. A joint motion to dismiss was filed by the Wagners and a similar separate motion was filed by Mr. Crockett. Therein the parties appeared specially and attacked the jurisdiction of the Circuit Court of St. Louis County, because of ""improper venue and fraudulent joinder of defendants, George E. Wagner and Mrs. George E. Wagner."" It was the position of the defendants in the trial court (and their contention here) that plaintiff had no claim for relief against the Wagners but improperly and fraudulently made them defendants so that she could file and maintain a suit against defendant Crockett in St. Louis County. The motions to dismiss were sustained. Thereafter, plaintiff duly filed a motion to set aside the said order of dismissal and said motion was overruled. Plaintiff has appealed. Plaintiff's petition alleged that: ""At all times hereinafter mentioned defendant Crockett was the owner of a hotel at Westphalia, Missouri; that defendants George E. Wagner and Mrs. George E. Wagner were at all times in charge of the hotel and operating the same for and on behalf of defendant Crockett and themselves."" That ""on or about the 12th day of July 1957, plaintiff was an invitee of the defendants and while walking in the lobby of the said hotel, she was caused to slip and fall, as a direct result of the negligence and carelessness of the defendants, and each of them, in causing, suffering and permitting greasy and slippery substances to be placed on the floor there, and in failing to remove the same and in failing to warn of the presence thereof; that as a direct result of the negligence and carelessness of the defendants, as aforesaid, plaintiff was caused to slip and fall and suffer serious and permanent injuries about her head, face and body, all to plaintiff's injury and damages in the sum of thirty-five thousand dollars ($35,000.00), for which sum, together with her costs, she prays judgment against the defendants.""