Lehman v. Hug

MANFORD, Presiding Judge.

This is an original action for damages for personal injury. This appeal is from the entry of summary judgment. The judgment is reversed and the cause remanded.

Review of this case is upon the whole record, and the only determination to be made is whether there existed any genuine material issue of fact precluding summary judgment. See City of Kirkwood v. City of Sunset Hills, 589 S.W.2d 31 (Mo.App.1979).

In the instant proceedings, summary judgment was entered upon the pleadings, interrogatories and depositions of the parties. One point of error is presented, alleging…