Negligence : City Defendant – Affirmative Defense – Notice

Where a woman injured in a car accident on an icy road brought claims of negligence against the city for allegedly failing to repair a water line break that caused the ice, and the trial court entered summary judgment against the plaintiff based upon the city’s newly asserted affirmative defense on the same day that the amended answer raising the affirmative defense was filed, the court should have allowed the plaintiff at least 10 days to respond to the amended answer or to amend her response to the motion for summary judgment, so the judgment is reversed and remanded.

Judgment is reversed and remanded.

Robinson v. City of Kansas City (MLW No. 67294/Case No. WD77600 – 8 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Clay County, Sutton, J. (Stephen K. Nordyke for appellant) (George S. Diegel for respondent).

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