Claybon v. Midwest Petroleum Co.

CRANE, Judge.

This is an appeal from the grant of Summary Judgment for defendant, Midwest Petroleum Company, in an action for the wrongful death of Reginald Claybon. Plaintiffs are Joyce Claybon, Reginald’s mother, in her individual capacity, and as the “Next Friend” of John Doe, Reginald’s two year old son. Midwest Petroleum Company [Midwest] is the owner of a service station on whose premises Reginald Claybon was shot. We affirm.1

Summary judgment is recognized as a drastic remedy, since it denies the opposing party his or her day in court. Olson v. Auto Owners Ins. Co., 700 S.W.2d 882, 884…