Missouri Court of Appeals, Western District / Jun 4, 2019
Sherri L. Scholdberg vs. Kurt Scholdberg
Sherri L. Scholdberg sued Kurt Scholdberg for premises liability after a railing on his porch broke, causing her to fall. The trial court granted summary judgment for Mr. Scholdberg, finding Ms. Scholdberg, as a licensee, failed to produce evidence that Mr. Scholdberg had actual knowledge of the railing's dangerous condition. The appellate court affirmed, holding that circumstantial evidence suggesting Mr. Scholdberg should have known was insufficient to establish the actual knowledge required for a licensee under Missouri law.