Joseph A. Tallo and Diana Tallo, Plaintiffs/Appellants, vs. Johnny W. Seay and Megan L. Purcell, Defendants, and Grand Lindell Partnership, Inc. d/b/a Billiken Bench Club, Defendant/Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Joseph A. Tallo and Diana Tallo, Plaintiffs/Appellants, vs. Johnny W. Seay and Megan L. Purcell, Defendants, and Grand Lindell Partnership, Inc. d/b/a Billiken Bench Club, Defendant/Respondent. Case Number: No. 72032 Handdown Date: 09/30/1997 Appeal From: Circuit Court of St. Louis City, Hon. Robert H. Dierker, Jr. Counsel for Appellant: Ray Gerritzen Counsel for Respondent: A. Stephen Pernoud Opinion Summary: None Citation: Opinion Author: PER CURIAM. Before Crane, P.J., Russell and J. Dowd, JJ. Opinion Vote: AFFIRMED. Opinion: Plaintiffs were injured in a three-vehicle accident. They sued the drivers of both of the other cars and the proprietors of a bar they alleged had sold liquor to one of the drivers while he was obviously intoxicated. Grand Lindell Partnership, Inc. ("Grand Lindell"), the defendant bar owner, moved to dismiss the plaintiffs' claim against it in that plaintiffs failed to allege that the bar owner was convicted of selling alcohol to a person obviously intoxicated as required by section 537.053.3 RSMo 1994. The trial court granted Grand Lindell's motion and the plaintiffs filed a timely appeal. No error of law appears. An opinion reciting detailed facts and restating principles of law would have no precedential value. However, the parties have been furnished with a memorandum opinion for their information only. This memorandum sets forth the facts and reasons for this order. The judgment is affirmed in accordance with Rule 84.16(b). Separate Opinion: None

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.