John Marcus Sommers Missouri Cases

John Marcus Sommers sued Dustin Matthews for breach of contract and fraud related to an unpaid loan. The trial court struck Matthews's answer and affirmative defenses as a discovery sanction, but later entered judgment for Matthews, relying on the statute of frauds defense. The Western District of the Missouri Court of Appeals reversed, holding that the trial court erred by basing its judgment on an affirmative defense that had been stricken from the pleadings and was therefore waived. The case was remanded for the trial court to enter judgment for Sommers on damages consistent with the admitted allegations.

John Marcus Sommers sued his former employer, Kruse Mennillo L.L.P., for breach of a written employment contract, alleging unpaid hourly work and bonuses. The trial court dismissed Sommers's claims, presuming they were barred by a five-year statute of limitations. The appellate court reversed in part, holding that the ten-year statute of limitations under Section 516.110(1) applies to breach of written contract claims seeking payment of money, and remanded the case for further proceedings on Sommers's breach of contract claims against the employer.