Circuit Court of Jackson County Missouri Cases

Kevin LaBranche appealed the trial court's grant of summary judgment to the Circuit Court of Jackson County on his employment discrimination claims. LaBranche argued the trial court erred by denying his motion to strike factual assertions in the employer's statement of uncontroverted material facts that relied on an affidavit violating Rule 74.04(e). The appellate court reversed the summary judgment, finding the affidavit failed to meet the requirements of Rule 74.04(e) because it relied on business records not attached or served, and the affiant lacked sufficient personal knowledge. The case was remanded for further proceedings.