LINDSAY v. MAZZIO'S CORP.

No. 25928.

136 S.W.3d 915 (2004)

Grace LINDSAY, Plaintiff-Appellant, v. MAZZIO'S CORPORATION d/b/a Zio's Italian Kitchen, Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

June 30, 2004.


Attorney(s) appearing for the Case

Steven E. Marsh, Springfield, MO, for appellant.

Randy P. Scheer, S. Jacob Sappington, Springfield, MO, for respondent.


JEFFREY W. BATES, Judge.

Plaintiff Grace Lindsay ("Lindsay") appeals from a summary judgment granted in favor of Defendant Mazzio's Corporation d/b/a/ Zio's Italian Kitchen ("Zio's"). Lindsay argues that summary judgment was improperly granted because her case presents genuine issues of material fact requiring a trial to resolve. This court agrees. The judgment of the trial court is reversed, and the case is remanded.

I. Facts and Procedural History

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