Coggins v. Laclede Gas Co.

• Decision Date: 12 December 2000
• Citation: 37 S.W.3d 335
• Parties: (Mo.App. E.D. 2000) Tommy Coggins and Rita Coggins, Respondents, v. Laclede Gas Company, Appellant. ED77272
• Court: Missouri Court of Appeals

37 S.W.3d 335 (Mo.App. E.D. 2000)

Tommy Coggins and Rita Coggins, Respondents, v. Laclede Gas Company, Appellant.

ED77272

Missouri Court of Appeals Eastern District

12/12/2000

Appeal From: Circuit Court of the City of St. Louis, Hon. Edward M. Peek

Counsel for Appellant: Jordan B. Cherrick, Jeffrey R. Fink and Paul B. Hunker, Jr.

Counsel for Respondent: Patrick J. Hagerty

Opinion Summary: Laclede Gas Company appeals the judgment awarding $4,500,000 to Tommy and Rita Coggins for the wrongful death of their son, Thomas Coggins, in a house explosion. 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.

Division One holds: There was substantial evidence for the jury to determine Laclede's negligence in failing to properly flare a copper gas line and failing to odorize gas which caused the gas explosion and the death of Thomas Coggins. There was no instructional error, and the trial court did not err in denying Laclede's Motion for New Trial. Further, the trial court did not err in denying remittitur as the award was not excessive under these circumstances.

Robert G. Dowd, Jr., Presiding Judge

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 Thomas¹ 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 missing evidence or give a plaintiff the benefit of unreasonable, speculative, or forced inferences. Love, 16 S.W.3d at 742. The evidence and inferences must establish every element and not leave any issue to speculation. Id. A judgment notwithstanding the verdict is a drastic action, and it should only be granted when reasonable persons could not differ on a correct disposition of the case. Gesellschaft Fur Geratebua v. GFG America Gas Detection, Ltd., 967 S.W.2d 144, 146 (Mo. App. E.D. 1998).

We will address each claim of negligence separately. Concerning the first theory of liability, Laclede argues there was not substantial evidence that Laclede failed to properly flare the copper gas line which caused the leak, and that there was not substantial evidence that this caused the explosion. Laclede installed the gas line at issue in 1970 while installing an outdoor gas grill and a gas light. Laclede contends that none of the witnesses could conclusively testify that Laclede failed to flare the fitting and that the unflared fitting caused the gas leak. We disagree.

To make a prima facie showing of causation, plaintiff must show the defendant's negligent conduct more probably than not was the cause of the injury. Derrick v. Norton, 983 S.W.2d 529, 532 (Mo. App. E.D. 1998). The defendant's negligence need not be the sole cause of the plaintiff's injury, but simply a cause or a contributing cause. Id. Absolute certainty is not required in proving a causal connection between a negligent defendant's actions and the plaintiff's injury. Id. This connection can be proven by reasonable inferences from proven fact or by circumstantial evidence--direct proof is not required; the jury may infer causation from circumstances. Id. In the absence of compelling evidence establishing the absence of causation, the causation question is for the jury. Id. at 533.

We find there was substantial evidence for the jury to find that Laclede had a duty to flare the fitting when installing the pipe in that there was testimony that the standard is to flare fittings in gas lines. We also find there was substantial evidence for the jury to find that Laclede installed the gas line and breached its duty by not flaring the fitting when it installed the pipe. We further find there was circumstantial evidence for the jury to determine the unflared fitting caused the leak. The testimony of Mr. Volz, Laclede's witness, provided evidence that the unflared copper pipe was the cause of the leak. The following testimony was elicited:

[Laclede's counsel:] Mr. Volz, I'm going to ask you a question and I'm going to ask you if you formed an opinion as to where the gas was leaking from, and I don't want you to tell me where but either yes or no.

[Mr. Volz:] Okay. Well--

[Laclede's counsel:] Well, did you form an opinion?

[Mr. Volz:] Yes, sir, I did.

[Laclede's counsel:] And can you tell us without telling us what the opinion is what you did in your investigation that led you to come to this opinion?

[Mr. Volz:] Well, the first thing you do is the fire always burns upwards and outward so you're looking at the lowest point to find damage so that's why we concentrated in the basement. We had fire that was in the basement. First floor is gone, ceiling, obviously, we had an explosion. So then we concentrated our efforts into the basement, and from the basement we methodically went over the possibilities of chasing the entire gas piping system from one point to another point checking each fitting, taking them apart, going to the furnace looking at the combustion chamber, checking the hot water heater, checking the combustion chamber, checking the range in the first floor. We took a look at everything that we could take a look at to see where the possibilities were and we, you know, that's where I formed my opinion.

[Laclede's counsel:] Okay. And I, again, I don't want to put words in your mouth if you think there are multiple possibilities tell us, or if your indication that you more strongly feel that based upon your investigation and training experience it was caused by one particular thing.

[Mr. Volz:] With the -- well, based on my observations following the metal piping the first thing that comes into question are where the metal piping has been compromised, and most of the piping had lately been pushed down by the weight of the debris, but it only broke in a couple of places, and what you're looking for is what's the easiest thing to break. What's most likely to come apart iron pipe or some other type of pipe?

And my observation is when you look -- the iron pipe, the threads were where they were compromised, were broken and pulled, and then there was a point where there was a copper pipe, a flared fitting, and this flared fitting had been pulled out. The flare bell that normally is behind the nut wasn't there. The pipe had been pulled straight out which is fairly unusual. Normally, what you would find is that if something were to tear the pipe the flare would hold that copper pipe and the copper is soft enough to tear, but in this particular case it didn't tear, it just pulled out and that was the observation that I saw.

(Emphasis added...