Woodvine v. Culver-Stockton College
MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that defendant Culver-Stockton College's motion for summary judgment 24 is denied. Signed by District Judge Catherine D. Perry on 4/11/17. (EAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
No. 2:16 CV 27 CDP
MEMORANDUM AND ORDER
I have carefully reviewed defendant’s motion for summary judgment and the
materials and briefs submitted in support of each party’s position and, viewing all
facts and inferences in a light most favorable to plaintiff, I find defendant to have
failed to meet its burden of proving that the work performed by plaintiff at the time
of her injury was such that she must be considered defendant’s statutory employee
under Mo. Rev. Stat. § 287.040. Because it cannot be said that defendant has
established its right to judgment with such clarity as to leave room for no
controversy and that plaintiff is not entitled to prevail under any discernable
circumstances, Vette Co. v. Aetna Cas. & Sur. Co., 612 F.2d 1076, 1077 (8th Cir.
1980), I will deny defendant’s motion.
IT IS HEREBY ORDERED that defendant Culver-Stockton College’s
motion for summary judgment  is denied.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 11th day of April, 2017.
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