Court of Appeals of Missouri, Eastern District, Fourth Division
JEFFREY T. BLACKWELL, Appellant,
CSF PROPERTIES 2 LLC, Respondent
Appeal from the Circuit Court of St. Louis County. Honorable Thea A. Sherry.
Richard J. Zalasky, St. Louis, MO, for appellant.
Michael B. Maguire, St. Louis, MO 63101, for respondent.
Patricia L. Cohen, Presiding Judge. Roy L. Richter, J., and Robert M. Clayton III, J., concur. Patricia L. Cohen, P.J., Roy L. Richter, J., and Robert M. Clayton III, J., concurring.
Patricia L. Cohen, Presiding Judge
Jeffrey Blackwell (Plaintiff) appeals the trial court's grant of partial summary judgment in favor of CSF Properties 2, LLC (Defendant) on Plaintiff's action for negligence and negligence per se. Because there is no final, appealable judgment, we dismiss the appeal.
Factual and Procedural Background
In April 2009, Defendant owned a house at 6763 Edison in Velda Village Hills. The house had a front porch enclosed by a brick wall approximately nineteen inches in height. The western wall of the enclosure abutted a ten-foot drop-off to a concrete driveway.
Defendant rented 6763 Edison to Tonya Dyson. On April 3, 2009, Ms. Dyson invited Plaintiff to a post-funeral repast at her house. During the repast, Plaintiff engaged in a " scuffle" with Tommy Anderson, another guest, and Ms. Dyson ordered Plaintiff to leave. Plaintiff exited the front door and stood on the western end of the front porch, where he intended to call his parents to request a ride home. Before Plaintiff was able to place the call, Mr. Anderson stepped onto the front porch and pushed Plaintiff, causing him to fall over the brick enclosure to the driveway below and fracture his cervical spine, resulting in paralysis.
In May 2012, Plaintiff filed a first amended petition alleging that Defendant's negligence in maintaining the porch and porch enclosure in an unsafe condition caused his injuries. Plaintiff did not separate his petition into counts but rather pleaded broadly that:
[Defendant] failed to exercise reasonable care and was negligent in one or more of the following respects:
(a) It rented the dwelling with a front porch enclosure that violated applicable codes and ordinances because the enclosure was not at least 30" or at least 46" in height ...