Lindsay v. Mazzio’s Corporation
Missouri Court of Appeals
136 S.W.3d 915 (2004)
- Written by Sean Carroll, JD
Facts
Grace Lindsay (plaintiff) slipped and fell at a restaurant owned by Mazzio’s Corporation (defendant). Lindsay sued Mazzio’s for negligence. Lindsay’s daughter, Thelma Wissinger, had been with her at the restaurant. At Lindsay’s deposition, Lindsay stated that she had heard Wissinger and a nearby observer state that the floor where Lindsay had fallen was wet. Mazzio’s argued that these out-of-court statements were inadmissible hearsay. At Wissinger’s deposition, Wissinger stated that she did not remember seeing anything on the floor or hearing anybody nearby say anything about the floor. At this point, Mazzio’s moved for summary judgment. The trial court granted the motion. Lindsay appealed on the ground that Wissinger’s statement at the restaurant was admissible as a prior inconsistent statement and, once admitted, would provide the genuine issue of material fact needed to avoid summary judgment.
Rule of Law
Issue
Holding and Reasoning (Bates, J.)
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