Sparks v. Platte-Clay Electric Cooperative, Inc.

861 S.W.2d 604, 1993 Mo. App. LEXIS 1093, 1993 WL 264737
CourtMissouri Court of Appeals
DecidedJuly 20, 1993
DocketNo. WD 46566
StatusPublished
Cited by4 cases

This text of 861 S.W.2d 604 (Sparks v. Platte-Clay 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
Sparks v. Platte-Clay Electric Cooperative, Inc., 861 S.W.2d 604, 1993 Mo. App. LEXIS 1093, 1993 WL 264737 (Mo. Ct. App. 1993).

Opinion

BRECKENRIDGE, Judge.

This appeal arises out of a claim that Platte-Clay Electric Cooperative, Inc. (Platte-Clay) was negligent in servicing an electric meter which resulted in a fire that destroyed the residence of Gary and Ellen Sparks. Platte-Clay appeals from a judgment of $162,096.68 in favor of Gary and Ellen Sparks. In its sole point on appeal, Platte-Clay argues that the trial court erred in overruling its motion for directed verdict and its motion for judgment notwithstanding the verdict, or in the alternative, for a new trial. Platte-Clay asserts that the evidence did not support the verdict because the only testimony that Platte-Clay was negligent was that of Willard S. Norton, the Sparks’ expert, and his opinion was without any factual basis. A review of the record demonstrates that there was sufficient evidence of negligence and causation to submit the ease to the jury. The judgment is affirmed.

The technical nature of the instant case requires the discussion of some background information about residential electrical service prior to reciting the facts. Electricity is conducted by overhead or underground electric lines known as service wires which run from a pole mounted transformer to a meter mounted on an outside wall of the house being provided service. The builder of the house installs a structure called the meter base upon which the supplier of electricity installs the meter, connects electricity to it and seals the meter box so that the electric company is the only entity with access to the meter box. The meter measures the consumption of electricity and is owned and controlled by the. utility company. Wires installed by the builder run from the meter to the breaker box in the house. The breaker box distributes electricity to circuits within the house.

Platte-Clay is the public utility which supplied electric power to the residence of Gary and Ellen Sparks in Holt, Missouri. A meter box, which was constructed out of steel and owned and controlled by Platte-Clay, was mounted on the side of the Sparks’ house to measure the electricity they used.

The Sparks had owned their home since 1980 without any substantial electrical difficulties. About October 29, 1987, a Platte-Clay employee, Steve Wayne Maddox, went to the Sparks’ residence to remove the meter because the Sparks had failed to pay their electric bill. The dispute over payment of the electric bill is not an issue in this case. The meter was not removed, nor was service disconnected, because Maddox discovered a cracked connector between two lugs inside the meter.1 Another Platte-Clay employee, Steven A Harms, repaired the cracked connector. In making that repair, Harms testified that “we shut the electricity off first and then we pulled this meter out. Then we took this pipe off and dug a hole down underneath to splice a wire in. Then we took this lug out behind the meter and took it out and replaced it.” Harms testified that he checked all the connections in the meter base when he replaced the connector and that they were all properly tightened.

In November of 1987, the Sparks began experiencing problems with lines disrupting the reception on their four televisions. Ellen Sparks testified that in the latter part of November she called Platte-Clay to report the problem with the televisions. She was [606]*606told that it did not “sound” electrical and no work order was prepared. Ellen Sparks made a second call to Platte-Clay in late December or early January to again complain. She was told at that time that it might be a reception problem due to someone in the area having a C.B. radio base. She checked with her neighbors and no one else had a problem with television reception. A repairman examined the television and found nothing wrong with it. He suggested that it sounded like electrical interference. In January of 1988, the Sparks began to notice that with some regularity their digital clock blinked as if the electricity to it had been interrupted. Although Ellen Sparks did not specify the date of the call, she testified that she made one other call to Platte-Clay to complain about the electrical problems.

On March 18, 1988, Gary Sparks was at home with his children fixing lunch when he smelled smoke. After observing smoke coming from the recessed lights in the living room ceiling, Gary Sparks attempted to call the fire department, but the phone was dead. Gary Sparks and his children left the house immediately to call the fire department at a neighbor’s house. Gary Sparks saw smoke and flames coming from the northeast section of the house at a point where the siding starts, “just right under the [electric meter] basically, in that area.” The Sparks’ home and its contents were totally destroyed by the fire.

The Sparks filed suit against Platte-Clay for negligence in failing to prevent a high resistance short circuit from developing in the meter box. It was the Sparks’ contention at trial that, after the repair, a loose aluminum wire in the meter box caused a short. The Sparks alleged that the short melted the wire and the meter box causing molten metal to drip onto and ignite combustible material beneath the meter box. The burning material ignited a woodpile, which in turn set the house on fire.

Platte-Clay filed a motion for summary judgment at the close of the Sparks’ evidence and a motion for directed verdict at the close of all the evidence, which were denied by the trial court. The court submitted the case to the jury and the jury found in favor of Gary and Ellen Sparks in the amount of $162,-096.68. Judgment was entered upon the jury verdict. The court denied Platte-Clay’s motion for judgment notwithstanding the verdict, or in the alternative, for a new trial. This appeal followed.

Platte-Clay contends that the sole question for determination by this court is whether the trial court correctly ruled that the Sparks had made a submissible case. In reviewing whether a submissible case on the disputed factual issues has been made, this court views the evidence and all reasonable inferences which can be drawn from that evidence in the light most favorable to the plaintiffs. Haynam v. Laclede Elec. Co-op., Inc., 827 S.W.2d 200, 205 (Mo. banc 1992). Whether there is sufficient evidence to submit an issue to the jury is a legal question and is not an exercise of judicial discretion. Shackelford v. West Central Elec. Co-op., Inc., 674 S.W.2d 58, 63 (Mo.App.1984).

The mere occurrence of a fire does not raise a presumption of negligence or a presumption as to the cause of the fire. Craddock v. Greenberg Mercantile, 297 S.W.2d 541, 547 (Mo.1957). In establishing a submissible case on the issue of negligence, the plaintiffs must prove by substantial evidence that (1) there was negligence and (2) such negligence caused the fire. Id. “There must always be substantial evidence that the thing which actually occurred, foreseen or not, resulted from, or was at least contributed to by, the act or acts of defendant.” Id.

In the instant case, there were no witnesses to the actual outbreak of the fire. The testimony of Gary and Ellen Sparks was relevant to the issue of negligence as well as causation. They also presented evidence on the issue of causation from their expert, Willard S. Norton.

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Bluebook (online)
861 S.W.2d 604, 1993 Mo. App. LEXIS 1093, 1993 WL 264737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sparks-v-platte-clay-electric-cooperative-inc-moctapp-1993.