GLENN L. HIGHFILL v. RPCS, INC.

RPCS operated a grocery store in a building it leased from Highfill. After fire destroyed the building, Highfill sued RPCS to recover for the loss on negligence and breach of contract theories. Eighty-three days later, RPCS moved for summary judgment which the trial court granted. We reverse and remand.

Applicable Legal Principles

Summary judgment was proper only if there was no genuine issue of material fact and RPCS was entitled to judgment as a matter of law. Rule 74.04(c)(6). We review de novo based on the record submitted below, employ the same criteria the trial court should have used,…