Where a trial court’s judgment in a negligence action involving a train accident found that the plaintiff’s negligence was the sole cause of the collision, but the respondents’ motion for summary judgment did not contend that the plaintiff’s alleged negligence was the sole proximate cause, the court erred because it granted summary judgment on grounds that were not raised in the respondents’ motion, so the judgment is reversed and remanded.
Judgment is reversed.
Beal v. Kansas City Southern Railway Company (MLW No. 71009/Case No. WD79730 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Randolph County, Hayes, J. (Thurlow Schauffler, Columbia for appellant) (Sean P. Hamer, Overland Park, Kansas; Trent R. Church, Riverside; Theodore Williams, John Prentiss and Lisa Larken, St. Louis; and Mark Wasinger, Hannibal, for respondents).