[Download] "Beverly Drewel v. Post Machinery Co." by Eastern District, Division Three Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Beverly Drewel v. Post Machinery Co.
- Author : Eastern District, Division Three Court of Appeals of Missouri
- Release Date : January 16, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This is an appeal from a dismissal of plaintiffs' amended petition and grant of summary judgment for defendant, Post Company Machinery Inc. (Post). Plaintiffs contend the trial court abused its discretion by dismissing their amended petition and erred in granting Post's motion for summary judgment. We reverse the trial court's dismissal of plaintiffs' amended petition and affirm Post's motion for summary judgment. Beverly and Charles Drewel (plaintiffs) filed suit for products liability and loss of consortium against Post Machinery on December 15, 1989. The case was assigned to Judge Block. It was first set for trial in September, 1991. The parties motioned to have the case taken off the trial docket and the court granted the request. It was reset for February, 1992. In December, 1991, at the parties request, the matter was removed from the February docket. Trial was then set for May, 1992. In March, 1992, Post motioned for leave of court to join third-party defendants, The Paxall Group, Inc., PXL Holdings Corp. and Robert Hopkins (defendants). The motion was granted and Post then moved to continue the May, 1992 trial date. That motion was also granted and trial was reset for June, 1992. Post then dismissed third-party defendant Paxall and over plaintiffs' objection, requested the case be removed from the active trial docket. The suit was reset for January, 1993. In December, 1992, on the last day prior to the statute of limitations expiring against the then third-party defendants, plaintiffs were granted leave of court to amend their original petition. Plaintiffs named third-party defendants as defendants and joined previously dismissed third-party defendant Paxall as a defendant. Plaintiffs alleged products liability, loss of consortium and negligence against the added defendants, and alleged an additional negligence count to the claims against Post. The case was then transferred to the civil docket and assigned to Judge Campbell. Because of plaintiffs' amendments, defendants motioned the court for another continuance. At the hearing on April 7, 1993, Judge Campbell dismissed plaintiffs' amended petition sua sponte stating the amendments were too late. He denied defendants' motion to continue the litigation and set trial for April 26, 1993. Plaintiffs filed a writ of mandamus with this court. It was denied.