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Coggins v. LaClede Gas Co.12/12/2000
Appeal From: Circuit Court of the City of St. Louis, Hon. Edward M. Peek
Opinion Vote: AFFIRMED.
Russell and Teitelman, JJ., concur.
Opinion:
Laclede Gas Company (Laclede) appeals from the judgment awarding $4,500,000 to Tommy and Rita Coggins for the wrongful death of their son, Thomas Coggins. Laclede argues the trial court erred in (1) denying Laclede's Motion for Judgment Notwithstanding the Verdict, (2) denying Laclede's Motion for New Trial, and (3) not entering a Remittitur Order. We affirm.
We view the facts in the light most favorable to the jury verdict. Laclede was the supplier of natural gas to the Cogginses' home in St. Louis City. On April 7, 1991, their house exploded due to a natural gas leak. Tommy and Rita Coggins were not at home, but their only son Thomas was. Thomas was severely burned all over his body and he was taken to the hospital. He survived for eighty days and then died. Thomas was twenty years old.
At trial, Tommy and Rita Coggins presented evidence on two theories of Laclede's negligence. They argued Laclede failed to properly flare a copper pipe when installing a gas grill and gas light and this improper installation caused the leak which led to the explosion. Alternatively, they argued Laclede failed to properly odorize its natural gas which prevented detection of the leak. The jury returned a general verdict for Tommy and Rita Coggins and awarded them $4,500,000. Of this amount, $120,000 was for their property damage and $4,380,000 was compensation for Thomas's death. This appeal follows.
In its first point, Laclede contends the trial court erred in denying its Motion for Judgment Notwithstanding the Verdict. It argues there was not substantial evidence of Laclede's failure to properly flare a copper gas line when Laclede installed a gas grill and gas light, and that there was not substantial evidence that this caused the explosion. It further argues there was not substantial evidence of Laclede's failure to properly odorize its natural gas, and not substantial evidence this caused Thomas's death.
The standard of review of a trial court's denial of a motion for judgment notwithstanding the verdict is whether the plaintiff has made a submissible case. Brown v. Hamilton, 956 S.W.2d 417, 419 (Mo. App. E.D. 1997). In any action for negligence, the plaintiff must establish that (1) the defendant had a duty to the plaintiff; (2) the defendant failed to perform that duty; and (3) the defendant's breach was the proximate cause of the plaintiff's injury. Stanley v. City of Independence, 995 S.W.2d 485, 487 (Mo. banc 1999). To make a submissible case, a plaintiff must present substantial evidence for every fact essential to liability. Love v. Hardee Food Systems, Inc., 16 S.W.3d 739, 742 (Mo. App. E.D. 2000). Substantial evidence is that which, if true, has probative force upon the issues, and from which the trier of facts can reasonably decide a case. Id. Whether evidence in a case is substantial and whether inferences drawn are reasonable are questions of law. Id. In determining whether a plaintiff has made a submissible case, we view the evidence and all reasonable inferences to be drawn therefrom in the light most favorable to the plaintiff. Id. We presume that plaintiff's evidence is true. Id. We disregard any of defendant's evidence which does not support plaintiff's case. Id. We will not overturn a jury verdict unless there is a complete absence of probative facts to support it. Id. Where reasonable minds can differ on the question before the jury, a court may not disturb the jury's verdict. Feely v. City of St. Louis, 898 S.W.2d 708, 709 (Mo. App. E.D. 1995). We do not supply
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