Katz (plaintiff) worked for Danny Dare, Inc. (Dare) (defendant). One day while Katz was opening the store a man stole a bag of money that Katz had set on the counter. Katz went after the man and was struck in the head. Katz returned to work after being hospitalized, but had difficulties. Dare, seeking Katz’s voluntary retirement, began negotiating a pension plan with Katz. Katz finally accepted an offer and retired. Katz was then 67. Dare began paying the pension, but refused to pay the pension after about three years. Katz filed suit. The trial court held that Katz was not legally entitled to the pension and found in favor of Dare. Katz appealed to the Missouri Court of Appeals.