Error! Unknown document property name.
Commercial, 854 S.W.2d at 380 (emphasis added); Y.G. v. Jewish Hosp. of St. Louis, 795 S.W.2d 488, 494 (Mo. App. 1990). An issue of fact is material if it has “legal probative force as to a controlling issue in the litigation” and “is said to exist when there is the ‘slightest doubt about a fact.’” Id., citing Tatum v. General Motors Acceptance Corp., 732 S.W.2d 591, 592 (Mo. App. 1987); and Gast v. Ebert, 739 S.W.2d 545, 546 (Mo. banc 1987). Cases in which the trial court improperly granted summary judgment when a material issue of fact existed are frequently reversed on appeal. See, e.g., Daugherty v. City of Maryland Heights, 231 S.W.3d 814, 824 (Mo. banc 2007); and Korando v. Mallinckrodt, Inc., 239 S.W.3d 647, 650 (Mo. App. 2007). The trial court considered the past dealings between Laclede and the County to be material, devoting almost half of its order and judgment to a discussion of that past conduct. And there can be no doubt that a substantial issue of fact exists concerning such past conduct. Two distinctly different accounts of what occurred in those past dealings were entered into evidence in this matter—the Supplemental Thaemert Affidavit directly contradicts the Bostic Affidavit regarding the types of property rights in which Laclede’s facilities were located in such previous dealings. As a result, this Court should reverse the trial court’s judgment and remand for further proceedings. CONCLUSION WHEREFORE, for all of the reasons set forth herein, Appellant Laclede Gas Company respectfully requests that the Court reverse the judgment of the trial court and enter judgment in favor of Appellant, or in the alternative, remand this matter for further Error! Unknown document property name. -49-
proceedings consistent therewith, and grant such other and further relief as the Court deems just and proper under the circumstances. Error! Unknown document property name. -50- Respectfully submitted, THOMPSON COBURN LLP By Booker T. Shaw, #25548 Mary M. Bonacorsi, #28332 Carl J. Pesce, #39727 Paul D. Lawrence, #53202 One US Bank Plaza St. Louis, Missouri 63101 (314) 552-6000 (314) 552-7000 (fax) firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com Attorneys for Appellant Laclede Gas Company
IN THE SUPREME COURT OF MISSOURI __
the Landowner in giving the Utility
Subdivision Plats, Summary Judgment
Edgewater Health Care, Inc. v. Heal