Winch v. Perry Oaks Manor

Missouri Court of Appeals

Winch v. Perry Oaks Manor

376 S.W.3d 708, 2012 WL 3805665, 2012 Mo. App. LEXIS 1080

Missouri Court of Appeals·Decided September 4, 2012·No. No. ED 97747·Published

Opinion

ORDER

PER CURIAM.

Plaintiff, Darlene Winch appeals from the entry of summary judgment in favor of Defendant, Perry Oaks Manor, L.L.C. in her personal injury claim for injuries suffered when she slipped and fell on Perry Oaks’ premises. Winch contends the trial court erred in granting summary judgment on the ground that Plaintiff was a statutory employee within the meaning of Section 287.040 RSMo. (Cum.Supp.2005).

We have reviewed the briefs of the parties and the record on appeal and conclude the undisputed record makes it clear that Perry Oaks was Winch’s statutory employee as a matter of law. The trial court did not err in granting summary judgment. We affirm the judgment pursuant to Rule 84.16(b) Mo. R. Civ. P.(2012).

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ORDER

PER CURIAM.

Plaintiff, Darlene Winch appeals from the entry of summary judgment in favor of Defendant, Perry Oaks Manor, L.L.C. in her personal injury claim for injuries suffered when she slipped and fell on Perry Oaks’ premises. Winch contends the trial court erred in granting summary judgment on the ground that Plaintiff was a statutory employee within the meaning of Section 287.040 RSMo. (Cum.Supp.2005).

We have reviewed the briefs of the parties and the record on appeal and conclude the undisputed record makes it clear that Perry Oaks was Winch’s statutory employee as a matter of law. The trial court did not err in granting summary judgment. We affirm the judgment pursuant to Rule 84.16(b) Mo. R. Civ. P.(2012).

Winch v. Perry Oaks Manor, 376 S.W.3d 708, 2012 WL 3805665, 2012 Mo. App. LEXIS 1080 (Mo. Ct. App. 2012).

Pincite

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