Blanks v. Cantwell

Appellant, hereafter plaintiff, appeals the judgment of the trial court dismissing plaintiff’s petition for damages as barred by the limitation of Section 516.120, RSMo 1969. Affirmed.

Disposition of the cause by the trial court was upon defendant’s motion for summary judgment supported by attached affidavits. Plaintiff filed no opposing affidavits and the facts thereby adduced in support of the motion stand admitted for the purpose of the motion. Cherry v. City of Hayti Heights, 563 S.W.2d 72 (Mo. banc 1978). Although summary judgments are not generally favored, the procedure is an…