Missouri Court of Appeals, Southern District / Aug 12, 2024
BRANTLEY ATCHLEY and BECKY TITTLE, as survivors of Deceased Kayla Atchley, Plaintiffs-Appellants v. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, and APEX PAVING COMPANY, Respondents-Respondents
Appellants Brantley Atchley and Becky Jo Tittle, survivors of Kayla Atchley, appealed the grant of summary judgment in favor of Apex Paving Company. Their negligence claim alleged that a shoulder drop-off on Highway 153 caused their daughter's fatal car accident, and Apex owed a common law duty to keep the roadway safe. The appellate court affirmed the summary judgment, finding that Apex had no common law duty as it had not yet mobilized to the site or performed any work in the area of the alleged defect. The court also denied the argument that summary judgment improperly limited the Appellants' theory of the case.