 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Trout v. General Security Services Corp.10/21/1999
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Missouri Court of Appeals Southern District
Appeal From: Circuit Court of New Madrid County, Hon. Fred W. Copeland, Circuit Judge
Citation:
Opinion Vote: AFFIRMED. Garrison, C.J., and Montgomery, P.J., concur.
Opinion:
AFFIRMED
Plaintiffs appeal from summary judgment adverse to them in their claim against Defendant General Security Services Corporation. Pursuant to Rule 74.01(b), the trial court found no just reason for delay, making its decision appealable.
Appellants are the widow and infant son of Gary Trout. At approximately 10:30 p.m. on August 29, 1996, Billy D. Wyatt drove his vehicle across the center line of Route U.S. 61, in Scott County, colliding with a vehicle driven by Gary Trout. Both Wyatt and Gary Trout were killed as a result of the collision. Wyatt, on parole with the Missouri Department of Corrections (hereinafter the "Department"), was intoxicated at the time of the collision. Wyatt had been convicted in April of 1994, on two counts of driving-while-intoxicated, and was sentenced to five years' incarceration. The Department placed Wyatt on a home detention plan under its Electronic Monitoring Program on August 16, 1996, thirteen days prior to the collision.
The Electronic Monitoring Program (hereinafter the "Program") was administered with the assistance of General Security Services Corporation, (hereinafter GSSC), Respondent in this appeal. The electronic monitoring equipment was manufactured by co-defendant, B. I., Incorporated, who is not a party in this appeal. The monitoring equipment consisted of an ankle bracelet transmitter attached to Wyatt and a receiver unit placed in his home. The receiver unit was connected to his phone line to transmit information to GSSC's monitoring station. Under the Program in existence in 1996, the Department established curfews for each person based upon that person's employment status and treatment. During the curfew hours, if the person was not within a radius of 150 feet when a signal transmits, he was in technical violation of the terms of his plan. Under guidelines set by the Department, GSSC was to monitor curfew violations and attempt to contact the person by phone when the transmitter indicated that he was out of range. If GSSC did not get a response from him, it was to call the Department to notify them of the violation.
The evening curfew for Wyatt on the day of the collision was 10:00 p.m., and at that hour, Wyatt's electronic monitoring equipment detected that he was in violation of his curfew. At 10:20 p.m., the equipment detected that he remained in violation of his curfew, at which time GSSC placed a call to Wyatt's residence, as was required by the Program. After attempting and failing to contact Wyatt again at 11:06 p.m., GSSC notified the Department of the curfew violation.
Appellants filed this matter against GSSC, as well as Wyatt's estate, State Farm Mutual Automobile Insurance Company, and B. I. Incorporated. The Amended Petition sets forth three claims against GSSC: negligently failing to monitor Billy Wyatt; negligently supplying a dangerous instrumentality; and breach of contract upon a third-party beneficiary theory. GSSC filed a motion for summary judgment on November 6, 1998, as to all three claims asserted in the petition. A hearing was held on the motion, and on January 22, 1999, the trial court entered its order granting GSSC's motion for summary judgment on all claims asserted against it.
Summary judgment is a proper remedy when the moving party demonstrates that
Page 1 2 3 4 5 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|