Missouri Court of Appeals, Western District / Date unavailable
Larry Brandes vs. Bothwell Regional Health Center
Larry Brandes sued Bothwell Regional Health Center for negligence after falling on ice at the hospital's entrance while visiting his injured wife. The trial court granted summary judgment for Bothwell, applying the Massachusetts Rule which states that a land possessor has no duty to remove naturally accumulated snow and ice that is general to the community. The appellate court affirmed, holding that the Massachusetts Rule is not an affirmative defense, the uncontroverted facts established its applicability, and Bothwell did not assume a duty to remove the snow and ice by a course of conduct.