State Ex Rel. Missouri Division of Transportation v. Sure-Way Transportation, Inc.

SPINDEN, Judge.

The Missouri Division of Transportation seeks penalties against Sure-Way Transportation, Inc., for violations of § 387.100, RSMo 1986. The Division’s administrative law judge determined that the Division had established cause to seek penalties against Sure-Way, 1 and the Division filed a suit for penalties with the Boone County Circuit-Court pursuant to § 390.156, RSMo 1986. 2

The Division filed a motion for partial summary judgment and a motion for complete summary judgment with the trial court contending that the ultimate issue of whether Sure-Way violated § 387.100 was…