Marshall Interiors, Inc. v. Young Men's Christian Ass'n of Greater St. Louis

787 S.W.2d 329, 1990 Mo. App. LEXIS 326, 1990 WL 17777
CourtMissouri Court of Appeals
DecidedFebruary 27, 1990
DocketNo. 56007
StatusPublished
Cited by7 cases

This text of 787 S.W.2d 329 (Marshall Interiors, Inc. v. Young Men's Christian Ass'n of Greater St. Louis) 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
Marshall Interiors, Inc. v. Young Men's Christian Ass'n of Greater St. Louis, 787 S.W.2d 329, 1990 Mo. App. LEXIS 326, 1990 WL 17777 (Mo. Ct. App. 1990).

Opinion

GRIMM, Judge.

Plaintiff Marshall Interiors, Inc., a furniture company, brought suit against defendants Young Men’s Christian Association of Greater St. Louis and Prinster-Neu-mann Construction Company. Plaintiff alleged that the YMCA “and/or” Prinster-Neumann “had exclusive control and/or possession” of a whirlpool, and that “water from the whirlpool ... caused serious water damage to plaintiff’s inventory.” Before trial, plaintiff settled and dismissed its claim against Prinster-Neumann.

The case was submitted under the doctrine of res ipsa loquitur. Following a jury verdict in plaintiff’s favor, the trial court granted the YMCA’s motion for judgment notwithstanding the verdict.

On appeal, plaintiff raises one point: the trial court erred in granting a j.n.o.v. because plaintiff made a submissible case. We disagree. The YMCA did not have exclusive control of the instrumentality which caused plaintiff’s damages, and plaintiff did not show that it was more probable than not that the YMCA was the source of the negligence. We affirm.

When a trial court grants a j.n.o.v., the reviewing court takes the evidence “in the light most favorable to the party against whom the judgment was entered, giving [that party] the benefit of reasonable inferences that may be drawn therefrom.” Hinton v. State Farm Mut. Auto. Ins. Co., 741 S.W.2d 696, 700 (Mo.App.W.D.1987). The court disregards the opposing party’s evidence “except to the extent it supports the verdict.” Id.

I

Plaintiff’s occurrence evidence was presented by three witnesses, Peter Neu-mann, Marshall Wasserman, and Vito Ral-lo. Neumann was the “owner” of a commercial building. Wasserman was the “owner” of plaintiff, while Rallo “owned” the Martial Arts Center of St. Charles, Inc.

In 1983, there were three tenants in Neu-mann’s building. Plaintiff was one. The other two were the Nautilus Physical Fitness Center of St. Charles County, Inc. and the Martial Arts Center. The three businesses were separated by walls. The Martial Arts’ employees and students, however, had free access to, and the right to use, the rest rooms, showers, dressing room and lockers located in the Fitness Center.

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Bluebook (online)
787 S.W.2d 329, 1990 Mo. App. LEXIS 326, 1990 WL 17777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-interiors-inc-v-young-mens-christian-assn-of-greater-st-moctapp-1990.