Jordan v. Peet
2013 Mo. App. LEXIS 1111
| Mo. Ct. App. | 2013Background
- In August 2002 Melissa Jordan died when Stewart's SeaDoo collided with Peet's boat on the Lake of the Ozarks; Stewart also died.
- Jordans filed a wrongful death action in April 2008 against Peet and Stewart's estate, alleging Peet negligently operated his boat and caused the death.
- Peet moved for summary judgment citing 31 uncontroverted facts, including statements that witnesses and statements were contained in the water patrol report.
- Jordans responded with a brief denial asserting genuine issues of material fact; discovery responses similarly referenced the water patrol report.
- The circuit court granted summary judgment in Peet's favor; Jordans appeal, and the court reverses and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper against Peet. | Jordans contend genuine issues of material fact remain; Peet failed to show no triable issues and misused the discovery record. | Peet argues Jordans failed to comply with Rule 74.04 and that his uncontroverted facts negate liability. | Summary judgment reversed and remanded. |
Key Cases Cited
- ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (de novo review for summary judgment standard)
- Wills v. Whitlock, 139 S.W.3d 643 (Mo.App.2004) (standard of review for summary judgment in appellate court)
- Rycraw v. White Castle Systems, Inc., 28 S.W.3d 495 (Mo.App.2000) (conclusions drawn from witness statements cannot support summary judgment)
- Scott v. Ranch Roy-L, Inc., 182 S.W.3d 627 (Mo.App.2005) (affidavits must be based on personal knowledge and admissible facts)
- Bakewell v. Missouri State Employees’ Retirement System, 668 S.W.2d 224 (Mo.App.1984) (summary judgment must not be granted where material facts are in dispute)
- In re Transit Cas. Co., 43 S.W.3d 293 (Mo. banc 2001) (pleadings must provide factual support for conclusions)
- M & H Enters. v. Tri-State Delta Chemicals, Inc., 984 S.W.2d 175 (Mo.App.1998) (conclusory allegations are not factual evidence)
- State v. Spilton, 315 S.W.3d 350 (Mo. banc 2010) (denial of summary judgment requires factual basis, not pleadings alone)