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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)

Citation
Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
Parent Document
Wingo v. Eagle Realty Co., 726 S.W.2d 805 (1987)
Jurisdiction
Missouri (state)
Effective Date
1987-02-10

Full Text

1,053 chars
Significantly, plaintiff did not file affidavits nor any written opposition to defendants’ motions for summary judgment. Failure to oppose an affidavit in support of a motion for summary judgment has been held on admission of the facts contained in the affidavit. Scaife v. Kansas City Power and Light Co., 637 S.W.2d 731, 733 (Mo.App.1982). A plaintiff cannot rely on pleadings of ultimate fact when confronted with a Motion for Summary Judgment. Snowden v. Northwest Mo. State University, 624 S.W.2d 161, 169 (Mo.App.1981). In such case summary judgment, if appropriate, shall be entered against her. Rule 74.04(e); Cherry v. City of Hayti Heights, 563 S.W.2d 72, 75 (Mo. banc 1978). On the record before the trial court defendants denied knowledge of any defect, both tenants recognized knowledge of the condition and acknowledged warning plaintiff, and access to the porch was limited to those within the rented premises. The photograph, relied upon the plaintiff, does not demonstrate any contrary fact. As a result the porch was not a common area.