Weber v. McBride & Son Contracting, Co.

GEORGE W. DRAPER III,

Judge, dissenting.

I respectfully dissent from the majority opinion. I would vote to reverse the judgment of the trial court for the following reasons.

Great care should be exercised in utilizing summary judgment because it denies the party against whom it is entered a day in court. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 377 (Mo. banc 1993){quo*646ting Cooper v. Finke, 376 S.W.2d 225, 229 (Mo.1964)); Hart v. Kupper Parker Communications, Inc., 114 S.W.3d 342, 345 (Mo.App. E.D.2003). Accordingly, we review the record in the light most…