Shannon v. Welch

858 S.W.2d 748, 1993 Mo. App. LEXIS 940, 1993 WL 214194
CourtMissouri Court of Appeals
DecidedJune 22, 1993
DocketNo. WD 46609
StatusPublished
Cited by8 cases

This text of 858 S.W.2d 748 (Shannon v. Welch) 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
Shannon v. Welch, 858 S.W.2d 748, 1993 Mo. App. LEXIS 940, 1993 WL 214194 (Mo. Ct. App. 1993).

Opinion

SMART, Judge.

In this case, a landlord claims his tenant did not present sufficient evidence to prove that the landlord negligently caused a fire in a mobile home occupied by the tenant. William V. Welch, defendant, appeals from the trial court’s judgment and award of damages to Cathy Shannon, plaintiff, in the amount of $8,750.00 for property damage incurred from the fire.

Judgment is affirmed.

Bill Welch rented a mobile home to Cathy Shannon in Parnell, Missouri. On December 10, 1991, Ms. Shannon moved into the mobile home with her four children, ages 14, 11, 7 and 3. She testified that there was no water in the mobile home the night she moved in and that she called the City of Parnell to have the water hooked up. Even after the water was turned on, Ms. Shannon had problems with the water running either warm from both the cold and hot faucets or running cold from both faucets. Ms. Shannon called Mr. Welch to alert him of the water problem. After learning of plaintiffs problem, Mr. Welch took it upon himself to try and fix it. The water heater for the mobile home was located within the framework of the mobile home, situated in its own compartment accessible from the outside by way of an access door. Mr. Welch tinkered daily with the water heater for about a week, each time removing the access door when he began his work and replacing the access door when he was finished.

Ms. Shannon testified that on the day of the fire Mr. Welch told her about a loose wire of some type on the water heater. She testified that he admitted that he did not know what it was for but that he would see what he could do with it. He added that if his further attempts at fixing the water heater ended in futility he would have someone else come the next day to fix the water heater. Defendant’s testimony at trial conflicted with plaintiff’s. He testified that all he had done to the water heater was light the pilot light, turn the burner on, turn the thermostat up on the heater and remove the heat tapes which kept the pipes from freezing.

On the day of the fire, Mr. Welch was at the mobile home until around 5:35 p.m. Plaintiff left for work at approximately 4:30 p.m. At about 6:20 p.m., plaintiff’s oldest son observed smoke coming through the walls in the bathroom and he ran two blocks to where his mother worked to alert her of the fire. When Ms. Shannon reached the mobile home, she removed her other children from the back bedroom of the mobile home. The volunteer fire team from the area arrived shortly thereafter and put the fire out after it had burned a large portion of the trailer.

After the fire was extinguished, plaintiff reentered the trailer to see what she could salvage. She testified that nothing left in the mobile home was salvageable. Plaintiff opined that the value of the damaged property immediately prior to the fire was $8,750.00. The trial court, sitting without a jury, found in favor of plaintiff and against defendant in the amount $8,750.00, together with costs. Defendant Welch appeals from the trial court’s judgment.

Sufficiency of the Evidence

In his first three points on appeal, Defendant Welch contends that the trial court erred in rendering judgment for plaintiff because there was no substantial evidence to support the judgment and the judgment was against the weight of the evidence. Specifically, defendant argues that plaintiff did not prove her case under plaintiff’s pleaded res ipsa loquitur theory because (1) the fire was the type of harm that might occur in the absence of negligence by defendant, and (2) the water heater was not under the management and control of defendant. He also challenges the amount of damages awarded, contending that the evidence did not support the amount of $8,750.00.

An appellate court must affirm the judgment of the trial court unless there [751]*751is no substantial evidence to support it, the judgment is against the weight of the evidence or the trial court erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). All facts and reasonable inferences are viewed in the light most favorable to the judgment and the judgment is to be upheld under any reasonable theory presented and supported by the evidence. Ludlow v. Ahrens, 812 S.W.2d 245, 248 (Mo.App.1991). The trial court sits in the best position to determine witness credibility and the trial court is free to believe or disbelieve any witness’ testimony, even if not contradicted. Long v. Zirkle, 811 S.W.2d 840, 842 (Mo.App.1991).

Res Ipsa Loquitur

The doctrine of res ipsa loquitur allows the fact finder to infer negligence, without proof of specific acts of negligence, when: (1) the incident resulting in injury is of the kind that ordinarily does not occur in the absence of someone’s negligence; (2) the instrumentality causing injury is under the management and control of defendant; and (3) defendant possesses superior knowledge or means of information as to the cause of the occurrence. Bass v. Nooney Co., 646 S.W.2d 765, 768 (Mo. banc 1983). Missouri law describes the res ipsa loquitur doctrine as a rule of evidence enabling one to plead and prove negligence by circumstantial evidence. Bonnot v. Jefferson City, 791 S.W.2d 766, 768-69 (Mo.App.1990). Although plaintiff is not required to disprove all other possible theories of causation, plaintiff is required to show that it is more probable than not that the damage was caused by defendant’s negligence. Marshall Interiors, Inc. v. Y.M.C.A. of Greater St. Louis, 787 S.W.2d 329, 331-32 (Mo.App.1990).

Defendant Welch suggests that plaintiff should not have been allowed to submit her case under a res ipsa loquitur theory. Essentially, defendant challenges the sufficiency of the evidence presented to support the first two elements of a res ipsa theory. First, defendant contends that a mobile home fire is not necessarily the type of incident which would ordinarily occur only as a result of negligence. Defendant is correct in his contention and, in fact, Missouri law provides that, generally, damage cases resulting from a fire require proof of specific negligence and are not properly submitted under a res ipsa loqui-tur theory. See Wadlow v. Donald Lindner Homes, Inc., 654 S.W.2d 644, 648 (Mo.App.1983). Missouri cases hold that the mere occurrence of a fire does not raise a presumption of negligence. Wadlow v. Lindner Homes, Inc., 722 S.W.2d 621, 625 (Mo.App.1986). However, a case involving injuries resulting from a fire may properly be submitted under the res ipsa theory if attendant circumstances exist. Plato Reorganized School Dist. v. Intercounty Elec. Coop. Ass’n, 425 S.W.2d 914, 916 (Mo.1968). In Plato,

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858 S.W.2d 748, 1993 Mo. App. LEXIS 940, 1993 WL 214194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-v-welch-moctapp-1993.