Supreme Court of Missouri

Marcia Green v. Mehrdad Fotoohighiam

August 11, 2020

Summary

The Supreme Court of Missouri affirmed the circuit court's entry of partial summary judgment on liability, holding that the non‑movant’s failure to respond to a Rule 74.04(c) summary‑judgment motion deemed the movant’s uncontroverted facts admitted and that uncited deposition testimony cannot create a genuine issue of material fact. The Court also overruled Street v. Harris to the extent it conflicted with the current Rule 74.04 framework.