Virginia Hoelscher v. James R. Patton

Appellant Virginia Hoelscher (Dog Owner) sued Respondent James Patton (Employee) for damages after Employee backed over and killed Dog Owner's pet Shih-Tzu dog with his United Parcel Service truck. Dog Owner had previously won an arbitration dispute with United Parcel Service (UPS) on the theory of vicarious liability based on the same incident. The trial court sustained Employee's ""Motion to dismiss and/or for summary judgment."" Dog Owner appeals. We affirm. ""In reviewing the entry of summary judgment, we must view the record in the light most favorable to the party against whom summary judgment was granted, determine if any genuine issue of material fact exists which would require trial and determine if the judgment is correct as a matter of law. If the judgment is sustainable as a matter of law under any theory, we will affirm it."" Meyer v. Enoch, 807 S.W.2d 156, 158 (Mo.App. 1991).