Mehrdad Fotoohighiam Missouri Cases

Marcia Green sued Mehrdad Fotoohighiam, alleging he conspired to set her mobile home on fire, causing injuries and property damage. The circuit court granted partial summary judgment on liability for Green after Fotoohighiam failed to respond to the motion, leading to the admission of Green's uncontroverted facts. On appeal, Fotoohighiam argued that uncited deposition testimony attached to Green's motion created a genuine issue of material fact. The Missouri Supreme Court affirmed the circuit court's judgment, holding that only facts properly presented within the Rule 74.04(c) framework are considered for summary judgment, and explicitly overruled Street v. Harris to the extent it held otherwise.

Marcia Green sued Mehrdad Fotoohighiam, alleging he conspired to set her mobile home on fire, causing personal injury and property damage. The trial court granted partial summary judgment to Green on liability, and a jury later awarded damages. On appeal, Fotoohighiam argued the summary judgment was erroneous because deposition testimony controverted material facts and presented conflicting conspiracy theories. The appellate court affirmed, holding that Fotoohighiam's failure to timely respond to the summary judgment motion admitted the facts, and the alleged inconsistencies did not create a genuine issue of material fact regarding the civil conspiracy.