K.L.S. Missouri Cases

K.L.S., a City employee, sued Union Pacific Railroad and Timothy Espy for negligence and negligence per se after she was attacked in a public alleyway while photographing zoning violations on an adjacent property. The trial court granted summary judgment for Union Pacific. On appeal, K.L.S. argued that Union Pacific owed her a duty of care and that the trial court erred by not striking certain affidavits. The appellate court affirmed, holding that Union Pacific owed no duty to K.L.S. for an attack by an unknown third party in a public alleyway not owned or adjacent to Union Pacific's property, and that the motion to strike affidavits became moot when Union Pacific withdrew them.