Bradbury, County Durham - area information, map, walks and more
Plaintiff brought a action for personal injury alleging public nuisance and negligence against forty-one defendants: twenty-eight abutting landowners for failure to maintain the subdivision streets so as to prevent an ice accumulation on the public highway; St. Louis County for failure to require an adequate and safe design for the subdivision street construction; various public utilities and contractors for negligently rearranging the rock structure when installing the utilities; and the Missouri State Highway Commission for permitting and authorizing construction under a defective plan and for failure to rectify the hazard.
The collision occurred in St. Louis County where Ms. Redeker resides.
The suit was filed in the City of St. Louis, where defendants Southwestern Bell and Union Electric have registered offices and agents. Defendant St. Baggs Director of Planning, St. Louis County Planning Department moved to dismiss based on failure to state a cause of action, improper venue and the statute of limitations. Defendants maintain that since suit was brought in St. Louis City they were properly dismissed on venue grounds. Defendants George and Jo Bradbury landowners of a lot in the subdivision adjacent to the highway moved for summary judgment alleging that they owed no duty to plaintiff to maintain the private roadway's access to Missouri Highway The trial court sustained the motion for summary judgment and designated its order as a final judgment as to these defendants for purposes of appeal.
Other defendants, including other subdivision property owners remained in the case. Plaintiff argues that summary judgment was improper because there remains a material question of fact as to whether defendants owed plaintiff a duty to maintain the private roadway.
Defendants argue that since as a matter of law they owe plaintiff no duty the summary judgment was proper. Although none of the parties raised the issue, we have a duty to determine if the orders appealed from are final and appealable judgments. Klippel v.
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Watkins, S. In Gillman v. Mercantile Trust Co. The trial court designated the summary judgment in favor of defendants Bradbury as a final judgment for purposes of appeal. However, the trial court designation of a judgment as final is not binding on the appellate court. State ex rel. Related Pages. Durham City Police Police Station.
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