McGrath v. Vra I Limited Partnership

• Decision Date: 29 January 2008
• Docket Number: No. ED 89815.,ED 89815.
• Citation: 244 S.W.3d 220
• Parties: Matthew McGRATH, Plaintiff/Appellant, v. VRA I LIMITED PARTNERSHIP, Defendant/Respondent.
• Court: Missouri Court of Appeals

244 S.W.3d 220 Matthew McGRATH, Plaintiff/Appellant,
v.
VRA I LIMITED PARTNERSHIP, Defendant/Respondent. No. ED 89815. Missouri Court of Appeals, Eastern District, Division Four. January 29, 2008.

[244 S.W.3d 222]

Marshall R. Hoekel, William K. Holland, Saint Louis, MO, for plaintiff/appellant.

Paul C. Hamill, Saint Louis, MO, for respondent/defendant.

SHERRI B. SULLIVAN, J.

Introduction

Matthew McGrath (McGrath) appeals from the circuit court's judgment dismissing his petition for lack of subject matter jurisdiction. We affirm.

Factual and Procedural Background

Interstate Property services (Interstate) provides property management services to property owners in St. Louis County, Missouri. On August 12, 1993, Interstate entered into a Housing Management Agreement (Agreement) with VRA to provide property management services to the Village Royale Apartments (Village Royale), a property owned by VRA.

Pursuant to the terms of the Agreement, Interstate agreed it would cause the property at Village Royale to "be maintained and repaired in accordance with the Management Plan and local codes, and in a condition at all times acceptable to the Owner, the Secretary, and MHDC, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair work as may be necessary, subject to any limitations imposed by the Owner in addition to those contained herein." The Agreement further provided that "[s]pecial attention will be given to preventive maintenance, and to the greatest extent feasible, the services of regular maintenance employees will be used." In order to carry out the terms of the Agreement, Interstate hired maintenance workers to perform the work at Village Royale.

As the property manager, Interstate routinely cleaned and renovated apartment units at Village Royale as they were vacated, and prior to leasing the unit to a new tenant. This renovation included: (a) replacing kitchen cabinets; (b) removing and replacing appliances as needed; (c) repairing and replacing kitchen and bathroom tile; (d) re-caulking countertops and tubs; (e) repairing and replacing window blinds; (f) adjusting and lubricating windows; (g) replacing bathroom mirrors and vanities; (h) repairing and replacing plumbing and electrical fixtures; (i) checking the operation of HVAC, and replacing filters; (j)

244 S.W.3d 223

repairing and replacing doors and door hardware; and (k) replacing deck boards.

Interstate hired McGrath as a maintenance worker in 2004 to perform maintenance work at Village Royale and other properties Interstate managed in the St. Louis area. On November 3, 2006, McGrath fell through a stairway at Village Royal and sustained a back injury. At that time, McGrath was a full-time hourly employee who spent 75% of his work day at Village Royale and the remainder of his time at other job sites.

In his affidavit McGrath stated he engaged in the demolition and remodeling of apartments at Village Royal. At the time of his injury, McGrath was carrying an old hot water heater from a recently vacated apartment unit down the stairs to dispose of it. McGrath averred he was hired based upon his construction, demolition, and remodeling experience for the express purpose of demolishing existing fixtures and erecting improvements upon the premises of Village Royale.

McGrath stated the Village Royale demolition projects included: (a) tearing out cabinets; (b) removing air conditioners; (c) detaching and removing hot water heaters; (d) demolishing and removing toilets; (e) removing furnaces; (f) demolishing and removing sinks; (g) tearing out existing flooring; and (h) tearing out existing drywall. McGrath stated he also erected "improvements" to the apartment buildings including the installation of: (a) water heaters; (b) electrical wiring for canned lighting; (c) plumbing pipes; (d) sinks and garbage disposals; (e) vinyl floors; (f) toilets; (g) vanities; (h) medicine cabinets; (i) bathroom lighting; (j) water faucets; (k) drywall; (l) microwave ovens; (m) new copper electrical supply lines; (n) new PVC drain lines; and (o) updated wall outlets with. Ground Fault Interrupter outlets to comply with the county building code.

McGrath believed the apartments were erected in the 1970s and had not been remodeled since then. McGrath stated the remodeling project encompassed the entire apartment complex and that his efforts significantly improved the appearance, functionality, and value of the apartments. McGrath believed his employment with Interstate would be limited in time and scope, and once all the apartments were remodeled, he was unsure whether Interstate would continue employing him.

Steve Renner (Renner), Interstate's Maintenance Supervisor and McGrath's immediate supervisor, regularly assigned McGrath work and instructed him on how to do the work that needed to be done. Renner averred Interstate never "demolished" an apartment unit and was not hired to do so. Instead, Renner stated that McGrath was involved in renovating the apartment units that were recently vacated and updating them with new appliances. James Guidry,...