Legal Opinion

PATSY CUSTER v. WAL-MART STORES EAST I, LP, Defendant-Respondent.

Missouri Court of Appeals

Decided June 15, 2016No. SD34132PublishedCited by 12 opinions

1Opinion of the CourtGary W. Lynch, J.

Patsy Custer appeals from the summary judgment granted in favor of Wal-Mart Stores East I, LP, Store No. 86 (“Wal-Mart”). Custer argues that summary judgment was improperly granted because her case presents genuine issues of material fact requiring a trial to resolve. We agree, reverse the trial court’s judgment, and remand for further proceedings.

Standard of Review

When considering appeals from summary judgments, the Court will review the record in the light most favorable to the party against whom judgment was entered. Facts set forth by affidavit or otherwise in support of a party’s motion…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Goerlitz v. City of MaryvilleSupreme Court of Missouri · 2011
  3. Sheil v. T.G. & Y. Stores Co.Supreme Court of Missouri · 1989
  4. Wallingsford v. City of MaplewoodSupreme Court of Missouri · 2009
  5. Jordan v. Robert Half Personnel Agencies of Kansas City, Inc.Missouri Court of Appeals · 1981

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3Cited by12 opinions

  1. JOANNE JONES, QUINCY DWAYNE JONES, CHRIS JONES, and ANTHONY JONES v. UNION PACIFIC RAILROAD COMPANYMissouri Court of Appeals · 2016
  2. GREAT SOUTHERN BANK, Plaintiff-Respondent v. BLUE CHALK CONSTRUCTION, LLC, a Missouri Limited Liability Company, HAILEY REAL ESTATE & DEVELOPMENT, LLC, a Missouri Limited Liability Company, and MICHAEL L. HAILEY and NANCY A. HAILEY, husband and wifeMissouri Court of Appeals · 2016
  3. Columbia Mutual Insurance Co. v. HerifordMissouri Court of Appeals · 2017
  4. First Nat'l Bank v. Shirla Howard Revocable Living TrustMissouri Court of Appeals · 2018
  5. Huskey v. Queen City Roofing & Contracting Co.Missouri Court of Appeals · 2017

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