Opinion · Supreme Court of Missouri

Lucas v. R.G. McKelvey Building Co.

Lucas v. R.G. McKelvey Bldg. Co., (Mo. 1993)

Type: Opinion
Court: Supreme Court of Missouri
Jurisdiction: Missouri
Date: 1993-02-26
Topic: general

How later courts describe this case

reversing summary judgment for defendant installer, distributor and manufacturer of window screen on the record presented

Citator

UpLaw has not yet analyzed Lucas v. R.G. McKelvey Building Co.. The absence of a flag is not a finding that it is good law.

Cited by: 4 opinions

PER CURIAM.

This case comes to this Court following entry of summary judgment in favor of the defendants. Summary judgment is appropriate only where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Rule 74.04(c).

This case raises fundamental and important questions concerning the state of prod *807 uct liability law in the State of Missouri. Because the facts are not fully developed and because the parties have argued this case, quite appropriately, as a question of the propriety of the summary judgment granted by the trial court, the fundamental and important questions which underlie the propriety of the trial court’s order cannot be properly answered with the record at its present state of development.

Having reviewed the record in its present state, we are unable to say as a matter of law that plaintiff cannot develop from these facts a submissible case of liability. A fuller explication of the Court’s reasoning in reaching this result risks the adoption of dicta that will assist neither in the growth nor explanation of the law.

The judgment of the trial court is reversed and the cause is remanded.

All concur.