{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"missouri-highways-and-transportation-commission-and-apex-paving-company-respondents","displayName":"MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, and APEX PAVING COMPANY, Respondents-","totalCases":1},"cases":[{"caseId":"moappsd:sd38169:2024-08-12","opinionId":"6f2345f5-e7f5-5f0b-9585-4a53b91c41fc","slug":"brantley-atchley-and-becky-tittle-as-survivors-of-deceased-kayla-atchley-d38169","caseName":"BRANTLEY ATCHLEY and BECKY TITTLE, as survivors of Deceased Kayla Atchley, Plaintiffs-Appellants\nv.\nMISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, and APEX PAVING COMPANY, Respondents-Respondents","caseNumber":"SD38169","court":"moappsd","courtLabel":"Missouri Court of Appeals, Southern District","decisionDate":"2024-08-12","year":2024,"display_summary":"Appellants Brantley Atchley and Becky Jo Tittle, survivors of Kayla Atchley, appealed the grant of summary judgment in favor of Apex Paving Company. Their negligence claim alleged that a shoulder drop-off on Highway 153 caused their daughter's fatal car accident, and Apex owed a common law duty to keep the roadway safe. The appellate court affirmed the summary judgment, finding that Apex had no common law duty as it had not yet mobilized to the site or performed any work in the area of the alleged defect. The court also denied the argument that summary judgment improperly limited the Appellants' theory of the case.","primaryTopic":"negligence","topicSlugs":["negligence","summary-judgment","appellate-procedure","standard-of-review","personal-injury"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=210273","detailUrl":"https://ott.law/missouri-courts/opinions/brantley-atchley-and-becky-tittle-as-survivors-of-deceased-kayla-atchley-d38169","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":32,"source":"tag","evidence":["tag: personal-injury","topic: personal-injury","topic: negligence"],"url":"https://ott.law/practice-areas/personal-injury"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":18,"source":"topic","evidence":["topic: summary-judgment","topic: appellate-procedure","text: summary judgment"],"url":"https://ott.law/practice-areas/litigation"}],"role":"respondent"}]}