Summary Judgment in favor of a nursing home is not appropriate when there remains an issue of material fact on whether the death of an elderly woman was proximately caused by the actions or inactions of the nursing home thirteen months prior.  Kenneth Sundermeyer, Individually and as Personal Representative for Elva Elizabeth Sundermeyer, Deceased, Appellant v. SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility, Respondent, No. 89318 (Mo. banc, December 16, 2008), Russell, J.

Kenneth Sundermeyer, the surviving son, brought a medical negligence case alleging personal injury and wrongful death causes of actions against SSM Regional Health Services d/b/a Villa Marie Skilled Nursing Facility.  The trial court granted summary judgment in favor of the nursing home on the wrongful death cause of action holding the son failed to provide the causation evidence required to support the claim that the negligent actions of the nursing home facility caused his mother's death.  The Western District Court of Appeals affirmed.

Held:  Reversed and remanded.   A jury is instructed that the defendant's conduct must either "directly cause or directly contribute to cause" plaintiff's death. Therefore, when an expert testifies that the nursing home facility's conduct "contributed" to the mother's death, summary judgment is improper.  Viewing the record in the light most favorable to the son, the Court believes that the expert's testimony provided the requisite evidence of causation to withstand summary judgment.