Missouri Court of Appeals, Western District / Dec 4, 2018
Erik Fouts vs. Regency North Acquisition, LLC
Erik Fouts sued Regency North Acquisition, LLC, after falling on an exterior stairway in his apartment complex, alleging negligence. The trial court granted summary judgment for Regency North based on an exculpatory clause in the lease. On appeal, Fouts argued the clause was ambiguous, unenforceable as a contract of adhesion, and against public policy. The appellate court affirmed the summary judgment, finding Fouts's first two arguments unpreserved and rejecting the remaining arguments regarding enforceability and public policy.