Berneathy v. Pursley

PREWITT, Presiding Judge.

Plaintiffs sought damages due to plaintiff Jim Berneathy being thrown from a horse. Summary judgment was entered in favor of defendants on all counts of plaintiffs’ seven-count petition. Plaintiffs appeal.

Summary judgment is authorized by Rule 74.04. It is to be entered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Rule 74.-04(c). Such judgment is to be entered…