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Negligence : Fatal Tent Accident – Premises Liability – Sufficiency Of Evidence
Stephanie Maniscalco//April 6, 2018//
Where plaintiffs brought claims of premises liability and negligence after one man was killed and several injured when a large tent broke loose in a storm after a professional baseball game, and the defendant bar owner challenged the jury verdicts against them, the judgment is affirmed on the premises liability claim because substantial evidence supported the finding that the defendant had constructive knowledge that the tent posed a reasonably foreseeable danger in threatening weather, and the plaintiffs did not need to show that the defendant lacked notice that the tent was not in compliance to show negligence per se.
Judgment is affirmed.
Martinez v. Kilroy Was Here LLC (MLW No. 71519/Case No. ED104708 – 10 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from circuit court, St. Louis City, Riley, J. (Susan Ford Robertson and J. Zachary Bickel for appellant) (Todd I. Muchnick and Gregory L. Shevlin and Brent Martin for respondent).
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