Missouri Court of Appeals, Eastern District / Mar 9, 2021
Colleen O'Donnell, Appellant, vs. PNK (River City), LLC, d/b/a River City Casino & Hotel, and Total Lot Maintenance, Respondents.
Colleen O'Donnell sued River City Casino & Hotel and Total Lot Maintenance (TLM) for personal injuries sustained from a slip and fall on ice at the casino during a winter storm. The trial court granted summary judgment for both defendants. The appellate court affirmed summary judgment for River City, applying the Massachusetts Rule that landowners owe no duty for natural ice accumulation. However, the court reversed and remanded summary judgment for TLM, finding a genuine dispute of material fact regarding whether TLM's contractual duty to remove or treat ice had been triggered.