Missouri Court of Appeals, Eastern District / Nov 26, 2024
Stacy A. Albright, Appellant, v. Union Electric Company, Respondent.
Stacy Albright sued Union Electric Company for negligence and breach of contract after a fire damaged his home, alleging UE failed to turn off electrical power as requested. The circuit court granted summary judgment for UE, concluding Albright could not provide substantial evidence that electricity caused the fire. The appellate court reversed and remanded, holding that UE's summary judgment motion failed to meet its initial burden under Rule 74.04 by merely reciting Albright's petition allegations and an interrogatory response, thus the burden never shifted to Albright.