Liberty v. JA Tobin Construction Co., Inc.

This is an appeal from a summary judgment entered in the court below, pursuant to Rule 74.04, V.A.M.R., upon defendant’s motion in an action for damages for personal injuries. The motion was submitted to the court below upon the pleadings, requests for admissions, responses thereto, other documentary evidence, and the legal suggestions of the parties. The facts are not in dispute and although the court below made no specific findings of fact and conclusions of law, it is clear from the record that the summary judgment was entered because, as a matter of law, plaintiffs’ claims were barred…