As Missouri wrongful death attorneys, the lawyers at Jensen law keep up with the most recent cases. One such case is entitled Lee Carol Jordan vs. Frederick Peet, Western District number 75822 dated September 24, 2013. In the Jordan case, Jordan appealed the circuit courts grant of summary judgment in favor of the defendant on a petition for wrongful death of their daughter.
This case arose from a boat and Sea Doo collision at Lake of the Ozarks in Missouri. This case involved allegations of negligence and involved the application of those allegations of negligence to the filing of a motion for summary judgment under Missouri Rule of Civil Procedure 74.04. The case goes into very specific detail about some of the procedural aspects of the technical motions for summary judgment. Here, it is very clear that the court was not willing to rely upon the conclusions set forth in the Motion for Summary Judgment but would only look at the facts alleged. Thus conclusions of law, even if asserted properly in a Motion for Summary Judgment under rule 74.04, could not support the ultimate entry of judgment for the defendant in the case where the plaintiffs contested some of the basic facts and argued just the law. This case is a victory for plaintiffs that often times have to respond to summary judgment motions based solely on legal conclusions, not facts and legal argument. As Springfield Missouri wrongful death attorneys, please feel free to call us if you were a loved one have had any loss due to the negligence of another.