Haynam v. Laclede Electric Cooperative, Inc.

889 S.W.2d 148, 1994 Mo. App. LEXIS 1854, 1994 WL 672695
CourtMissouri Court of Appeals
DecidedNovember 30, 1994
Docket18522
StatusPublished
Cited by8 cases

This text of 889 S.W.2d 148 (Haynam v. Laclede Electric Cooperative, Inc.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haynam v. Laclede Electric Cooperative, Inc., 889 S.W.2d 148, 1994 Mo. App. LEXIS 1854, 1994 WL 672695 (Mo. Ct. App. 1994).

Opinions

SHRUM, Judge.

(On March 24, 1994, this court issued an opinion affirming the judgment of the trial court. On May 26, 1994, by order of the Missouri Supreme Court, this cause was transferred to that court. On November 22, 1994, the supreme court entered an order retransferring the cause to this court. The original opinion of this court, which follows, is now readopted and reissued.)

This appeal is a continuation of litigation reported in Haynam v. Laclede Elec. Coop., 827 S.W.2d 200 (Mo.banc 1992) (Haynam I). In Haynam I the supreme court reversed jury awards of $945 in actual damages and $30,000 in punitive damages based on the claim of dairy farmers Frank and Sondra Haynam that Laclede Electric Cooperative wrongfully terminated them electrical service. The supreme court reversed because of the trial court’s erroneous admission of evidence of the plaintiffs’ reputations as “honest and truthful people.” Id. at 208.

In Haynam I, the plaintiffs based their claim for actual damages on “intentional conduct that was ‘malicious, wanton, and will-ful_’” Id. at 204. On retrial, the plaintiffs submitted their case for actual damages on a negligence theory. As in Haynam I, the harm they alleged was pecuniary only; it included disputed charges for electrical service, disconnection and reconnection fees, and an additional security deposit. The jury found for the plaintiffs and awarded them $1,063.56 in actual damages and $50,000 in punitive damages.

On appeal, Laclede challenges the submis-sibility of the plaintiffs’ punitive damages claim, contends the verdict directing instructions for actual and punitive damages were prejudicially erroneous, and asserts the trial court erred in disallowing its comparative fault defense. As we discuss Laclede’s various claims of trial court error, we set out relevant facts. We affirm the judgment of the trial court.

DISCUSSION AND DECISION

Submissibility of Plaintiffs’ Punitive Damages Claim

In its first point on appeal, Laclede contends the plaintiffs failed to make a submissi-ble case for punitive damages and, to support that claim, offers three reasons, which we redesignate for convenient subsequent reference as subpoints (A), (B), and (C). We paraphrase for clarity: (A) the plaintiffs’ evidence, as a matter of law, was insufficient to support recovery of punitive damages; (B) the plaintiffs pled and proved nothing more than negligent conduct to support their punitive damages claim; (C) the plaintiffs’ harm was pecuniary only and there was no evidence that Laclede’s conduct created a danger to their safety or a risk of bodily harm. We consider Laclede’s arguments in the order stated above.

Essential to an award of punitive damages is evidence of the defendant’s culpable mental state. In Burnett v. Griffith, 769 S.W.2d 780 (Mo. banc 1989), a case involving an intentional tort claim, the supreme court stated:

“Justified as punishment and intended to make an example of a defendant on account of his outrageous conduct, punitive damages require a showing of a culpable mental state on the part of the defendant, either by a wanton, willful or outrageous act or reckless disregard (from which evil motive is inferred) for an act’s consequences. ‘Punitive damages may be awarded for conduct that is outrageous, because of the defendant’s evil motive or reckless indifference to the rights of others.’ Restatement (Second) of Torts, [151]*151§ 908(2) (1979).1 It is not so much the commission of the intentional tort as the conduct or motives—the defendant’s state of mind—which prompted its commission that form the basis for a punitive damage award. W. Prosser & W. Keeton, Prosser and Keeton on Torts Chap. 1, § 2, 9 (1984)....”

769 S.W.2d at 787[10] (footnote omitted).

The allowability of punitive damages is not limited to intentional tort actions. In Sharp v. Robberson, 495 S.W.2d 394 (Mo. banc 1973), our supreme court held that a plaintiff who recovered actual damages on a negligence theory also could recover punitive damages “if the evidence supported the submission under the substantive law,” and the jury was properly instructed. Id. at 399[1, ¾.

More recently, the supreme court said: “Sharp confirmed the eases, not great in number but dating back many years, which hold that a claim for punitive damages is not inconsistent with a claim for negligence, so long as the evidence contains factual support for an award of punitive damages and the jury is properly instructed. A punitive award is not appropriate in every negligence case. Facts in addition to those relied on in the negligence submission must be established in order to recover punitive damages.”

Menaugh v. Resler Optometry, Inc., 799 S.W.2d 71, 74 (Mo. banc 1990) (footnote omitted). The question becomes, What facts in addition to those relied on in the negligence submission must be established? The evidence at the second trial on the issue of Laclede’s state of mind was essentially the same as the evidence reported in Haynam I, 827 S.W.2d at 202-04. Thus on this appeal we conclude, as did the supreme court in Haynam I, that the plaintiffs presented evidence of Laclede’s culpable mental state that satisfied the Burnett standard.2

In its argument under Point 1(B), Laclede cites Menaugh, 799 S.W.2d at 74, and Litchfield v. May Dept. Stores, 845 S.W.2d 596, 599[9] (Mo.App.1992), for the proposition that a plaintiff seeking punitive damages in a negligence action “must show conduct more egregious than that on which the claim of negligence is based.” However, Laclede offers no support for its argument that a plaintiff always must prove conduct different from and in addition to the conduct that proves the negligence in order to make a submissible case for punitive damages. As the Litchfield court (relying on the discussion of scienter in Menaugh, 799 S.W.2d at 74) pointed out, a plaintiff may meet the burden of showing the defendant’s conduct is “more egregious than that on which the claim of negligence is based” by presenting evidence of the defendant’s culpable mental state. 845 S.W.2d at 599[10]. The plaintiffs made this showing, and their punitive damages verdict directing instruction, discussed in detail elsewhere in this opinion, submitted evidence of Laclede’s culpable mental state.

Laclede’s argument under Point 1(C) is that punitive damages were not recoverable by the plaintiffs because they suffered only pecuniary harm and there was no evidence that Laclede’s conduct created a danger to their safety or a risk of bodily harm. For this argument, Laclede relies on Hoover’s Dairy, Inc. v. Mid-America Dairymen, [152]*152700 S.W.2d 426 (Mo. banc 1985); May v. AOG Holding Corp., 810 S.W.2d 655, 661 (Mo.App.1991); and Manzo v. Metro North State Bank, 759 S.W.2d 77 (Mo.App.1988).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smith v. Brown & Williamson Tobacco Corp.
275 S.W.3d 748 (Missouri Court of Appeals, 2008)
Chipperfield v. Missouri Air Conservation Commission
229 S.W.3d 226 (Missouri Court of Appeals, 2007)
State Ex Rel. Webb v. Hartford Casualty Insurance Co.
956 S.W.2d 272 (Missouri Court of Appeals, 1998)
Glidewell v. S.C. Management, Inc.
923 S.W.2d 940 (Missouri Court of Appeals, 1996)
Haynam v. Laclede Electric Cooperative, Inc.
889 S.W.2d 148 (Missouri Court of Appeals, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
889 S.W.2d 148, 1994 Mo. App. LEXIS 1854, 1994 WL 672695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haynam-v-laclede-electric-cooperative-inc-moctapp-1994.