Kinetic Energy Development Corp. v. Trigen Energy Corp.

107 S.W.3d 301, 2003 Mo. App. LEXIS 253, 2003 WL 554496
CourtMissouri Court of Appeals
DecidedFebruary 28, 2003
DocketNo. WD 60733
StatusPublished

This text of 107 S.W.3d 301 (Kinetic Energy Development Corp. v. Trigen Energy Corp.) 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
Kinetic Energy Development Corp. v. Trigen Energy Corp., 107 S.W.3d 301, 2003 Mo. App. LEXIS 253, 2003 WL 554496 (Mo. Ct. App. 2003).

Opinion

JAMES M. SMART, JR., Judge.

Kinetic Energy Development Corporation appeals the trial court grant of summary judgment in favor of Trigen Energy Corporation on Kinetic Energy’s claim in quantum meruit. We affirm the judgment of the trial court.

The claims of Kinetic Energy Development Corporation against Trigen Energy Corporation made an appearance in this court three years ago. That case was an appeal by Kinetic of a ruling by the trial court granting Trigen judgment notwithstanding the verdict. This court, in that appeal, agreed with Trigen and with the trial court that Kinetic had failed to properly prove its damages in its quantum meruit case. Nevertheless, because Kinetic had shown that it was entitled to at least nominal damages, this court vacated the judgment notwithstanding the verdict and remanded the case to give Kinetic another opportunity to prove the proper measure of its claim for reasonable compensation for consulting services. Kinetic Energy Dev. Corp. v. Trigen Energy Corp., 22 S.W.3d 691, 703 (Mo.App.1999). On remand, the trial court entered summary judgment for Trigen. The trial court ruled that Kinetic still, on remand, continued to take invalid approaches to proving the value of its claim for quantum meruit. We agree.

This court had ruled in Kinetic I that Kinetic could prove its claim only by presenting evidence as to the reasonable value of its consulting services, demonstrated by evidence of the objective market value of such services as would customarily be charged within the energy consulting industry. Id. at 702. The trial court determined on remand that because the approaches that Kinetic insisted on taking were still legally invalid, Trigen was entitled to judgment as a matter of law. Kinetic now appeals, claiming the trial court erroneously interpreted and applied the law.

Although the factual background was set out in substantial detail in Kinetic I, we [303]*303will again state a brief summary of the evidence from the first trial.

Kinetic became aware that Kansas City Power and Light Company wished to sell its Grand Avenue Steam Generating Plant and its steam distribution system. Kinetic investigated the data related to the system and the plant. Kinetic entered into a tentative agreement to purchase the facilities. Kinetic, which lacked substantial capital, desired to locate an energy company with substantial resources in order to persuade such a company to engage in a joint venture to develop and operate the steam system. Alternatively, Kinetic hoped to negotiate an arrangement for the benefit of its principal officers, Tab Schmidt and Jerry Corbier, whereby they would be individually employed by the operating company in operating the steam system. Kinetic persuaded Trigen to step in as a “financial partner” in time to persuade the Missouri Public Service Commission to keep the potential sale an open matter.

Trigen eventually renegotiated the contract with KCPL. Kinetic and Trigen had an agreement concerning how Kinetic would be compensated for its efforts if the deal came together. The agreement, however, was too vague to be enforceable. Eventually, it became clear that Trigen had no need of Kinetic and could acquire the facilities itself. Kinetic and Trigen attempted to reach an agreement concerning a joint venture but could not agree. Kinetic, if it had possessed the resources to do so, or had been able to locate another financial partner, could still have purchased the facilities and could have excluded Trigen from the process. Kinetic, however, was unable to come up with the finances to do so.

Because there was a time limit placed on the sale by the Missouri Public Service Commission, Trigen then proceeded on its own to purchase the facilities. The parties conducted further negotiations thereafter concerning compensation for Kinetic, but again they were unable to agree. Kinetic then brought an action on contract, a claim for unjust enrichment, and a claim in quantum meruit. The trial court dismissed the contract claim in view of the lack of agreement on terms. Kinetic submitted its claim to the jury on the quantum meruit theory. Kinetic’s theory of compensation at trial was based on the notion that Kinetic should receive half of the net value of the Kansas City steam facilities as a co-developer or joint venturer. This theory was based on the testimony of Kinetic’s expert, Carl Avers, that he was familiar with two instances in which an energy company helped develop such facilities in association with another company and then operated the facilities thereafter. In those case, he said, the energy company was compensated as a fifty percent owner of the facilities.

After deliberations, the jury awarded Kinetic a verdict of 4.2 million dollars. The trial court thereafter granted Trigen’s motion for judgment notwithstanding the verdict. This court, on appeal, held that the trial court, in rejecting Kinetic’s approach to valuation of its claim, was correct in that Kinetic’s evaluation methodology was not valid. Id. at 702. Nevertheless, we reversed the judgment notwithstanding the verdict and, citing McCardie & Akers Construction Co. v. Bonney, 647 S.W.2d 193, 195 (Mo.App.1983), remanded the case to allow Kinetic another opportunity to prove the value of its claim in a proper manner. Id. at 703.

On this appeal, Kinetic contends in its first point that the trial court erred in granting summary judgment against it in that it was prepared to present competent evidence of the reasonable value of its services based on (1) “the results achieved and the potential income from the transac[304]*304tion as is customary in the industry;” (2) “the amount of time expended by Kinetic times a reasonable daily rate as was paid for work on a similar transaction;” and (3) “the amount of out-of-pocket money spent by Kinetic on the transaction.”

Trigen, in response to Kinetic’s arguments, contends that the continuing fatal flaw in Kinetic’s reasoning is that it assumes that since Kinetic was engaged in efforts to acquire the steam system for itself, which efforts proved to be unsuccessful, and because Kinetic thereafter provided information to Trigen to induce Trigen’s participation, it is automatically entitled to a percentage interest in the revenues projected to be received by Trigen. We agree with Trigen that the mere fact that Kinetic engaged in work and expended resources, and that Trigen later bought the steam facilities, does not mean that Kinetic is entitled to fifty percent of Trigen’s profit. We also agree that Kinetic did not prove a customary daily rate for consulting services, and that Kinetic did not prove that the amount of money Kinetic spent in working on the project was the proper measure of damages. In order to obtain relief in quantum meruit there must be (1) services performed which were requested or received by another; (2) benefit provided to the recipient as a result of those services. The objective value of the services provided must be proven by objective market data as to customary charges within the industry.

Kinetic forgets that it launched into this venture at first as a risk-taking entrepreneur seeking a financially sound co-adventurer. Kinetic was unable to reach an enforceable agreement with Trigen.

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

Related

Kinetic Energy Development Corp. v. Trigen Energy Corp.
22 S.W.3d 691 (Missouri Court of Appeals, 1999)
McCardie & Akers Const. Co., Inc. v. Bonney
647 S.W.2d 193 (Missouri Court of Appeals, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
107 S.W.3d 301, 2003 Mo. App. LEXIS 253, 2003 WL 554496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinetic-energy-development-corp-v-trigen-energy-corp-moctapp-2003.