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Fisher v. Waste Management of Missouri1/30/2001
pes. Erbschloe, 823 S.W.2d at 119.
Claimant also argues that the definition given to "statement" in Rule 56.01(b)(3) should apply to the word "statement" as used in Section 287.215. We disagree. The definition contained in Rule 56.01(b)(3) was specifically limited to the purposes of that paragraph of the rule. In addition, the Rules of Civil Procedure govern only civil actions pending in courts. Rule 41.01. The Rule 56.01(b)(3) definition of "statement" is broader and more inclusive than the ordinary definition of "statement" which, in the evidentiary context, refers to "an assertion" or "conduct intended as an assertion." Black's Law Dictionary, 1416 (7th Ed.). Section 287.215's use of "statement" is compatible with its ordinary meaning because a person's conduct picked up by a surveillance videotape is not "conduct intended as assertion." We decline to depart from our holding in Erbschloe.
The Commission's award is affirmed.
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