Gary Surdyke Yamaha, Inc. v. Donelson

SATZ, Presiding Judge.

Plaintiff, Gary Surdyke d/b/a Gary Sur-dyke Yamaha, Inc., sued defendants, Carl Donelson and Donelson Cycles, Inc., for prima facie tort. The trial court directed a verdict for defendants at the close of plaintiff’s case. Plaintiff appeals. We affirm.

The issue before us is submissibility. Submissibility is a question of law. E.g., Gibson v. Newhouse, 402 S.W.2d 324, 327-328 (Mo.1966). To make a submissible case, plaintiff must support every element of his case by substantial evidence. E.g., Probst v. Seyer, 353 S.W.2d 798, 802 (Mo.1962). We view the evidence and…