Where a plaintiff who was injured in a slip and fall accident provided deposition testimony from himself and a maintenance worker about a wet floor in the bathroom where the fall occurred as well as an affidavit from another employee who said he had never seen the bathroom in a clean condition, summary judgment for the defendant is reversed and remanded because the plaintiff met his burden to show a genuine issue of fact regarding the issue of defendant’s knowledge.
Judgment is reversed and remanded.
Phillips v. Drury Southwest, Inc. (MLW No. 70834/Case No. ED104908 – 7 pages) (Missouri Court of Appeals, Eastern District, Quigless, J.) Appealed from circuit court, Cape Girardeau County, Lewis, J. (Adam E. Gohn for appellant) (John R. Schneider for respondent).