Keim v. Big Bass, Inc.

GRIMM, Judge.

In this negligence action, plaintiff appeals from the trial court’s entry of summary judgment in favor of defendant. We affirm.

Plaintiff raises only one point. He alleges the trial court erred in converting defendant’s motion for judgment on the pleadings to a motion for summary judgment “without affording [him] the procedural safeguards of Rule 74.04 as required by Rule 55.27.”

I. Background

In his amended petition filed May 18,1993, plaintiff alleged that on May 9, 1992 defendant operated a raceway. On that date, plaintiff paid an admission fee. While at the raceway, he was…