Stephenson v. Countryside Townhomes, LLC

• Decision Date: 29 July 2014
• Docket Number: No. ED 100327.,ED 100327.
• Citation: 437 S.W.3d 380
• Parties: Jacqueline STEPHENSON, as Mother and Next Friend of Jada Stephenson, A Minor, Plaintiff/Appellant, v. COUNTRYSIDE TOWNHOMES, LLC, Defendant/Respondent.
• Court: Missouri Court of Appeals

437 S.W.3d 380

Jacqueline STEPHENSON, as Mother and Next Friend of Jada Stephenson, A Minor, Plaintiff/Appellant,

v.COUNTRYSIDE TOWNHOMES, LLC, Defendant/Respondent.

No. ED 100327.

Missouri Court of Appeals,

Eastern District,

Division Four.

July 29, 2014.

Patrick K. Bader, Shaun M. Falvey, Co–Counsel, Brown & Crouppen, P.C., St. Louis, MO, for appellant.

Amy H. Surber, St. Louis, MO, for respondent.

PHILIP M. HESS, Judge.

Introduction

In this personal injury action, Jacqueline Stephenson, (Plaintiff) as Mother and Next Friend of J.S., a minor, appeals from a judgment entered on a jury verdict in favor of Countryside Townhomes, LLC (Defendant). Plaintiff filed suit to recover damages for injuries sustained by J.S. when she fell from a second-story bedroom window of an apartment leased from Defendant. On appeal, Plaintiff claims the trial court erred by: (1) submitting a verdict-directing instruction which required a finding that J.S.'s bedroom window was within Defendant's control for the purpose of making repairs; and (2) admitting evidence regarding Plaintiff's delinquent rent. We affirm.

Factual Background

In September 2008, Plaintiff signed a one-year lease agreement to rent a two-bedroom apartment from Defendant, the owner and management corporation of a large, multi-unit apartment complex in St. Louis County. Shortly thereafter, Plaintiff moved into the apartment with her two daughters, 4–year–old J.S. and her 14–year–old sister. In August 2009, Plaintiff renewed her lease with Defendant for another year. On the morning of March 29, 2010, Plaintiff left for work around 6:00 a.m., while J.S. and her sister left for school. After returning from school, J.S. and her sister remained at the apartment with Plaintiff's then fiance, Paul Jones, who was supervising the girls that afternoon while Plaintiff was at work. At around 5:30 p.m., Plaintiff's mother, Sylvia Stephenson, who lived in the apartment next door, saw J.S. sitting outside on the back steps of the patio crying. J.S. told her grandmother that she had fallen out of a window. Mrs. Stephenson called out to her husband to assist with J.S. Mrs. Stephenson then ran next door to speak with J.S.'s sister who at the time believed that J.S. was upstairs playing and did not realize that she had been injured. J.S. was taken to the hospital and treated for her injuries, which included multiple jaw fractures and a lacerated liver.

After being notified about the incident the next day, Defendant's then property manager, Sean Brady, went to Plaintiff's apartment. Upon entering J.S.'s second-floor bedroom, Brady observed an open window that was missing both the screen and storm window. Upon closer look, Bradynoticed that the thumbscrew lock ¹ was also missing from the window. He also saw that J.S.'s bed was pushed up against the wall directly beneath the open window. Upon further inspection, Brady noticed that the window screen and storm window were leaned up against a wall in a corner of the room.

After the incident, Plaintiff and her two daughters remained at the apartment for several months before moving to her parents' apartment next door. In October 2010, Plaintiff filed a personal injury action against Defendant to recover damages for the injuries that J.S. sustained from falling out of the second-floor window. In her petition, Plaintiff alleged that Defendant's negligence caused J.S.'s injuries by: (1) failing to remedy the window's “defects,” namely, the “absence of a locking device, screen, or storm window” and thereby rendering the premises “not reasonably safe;” (2) failing to adequately warn Plaintiff about the window's “fall hazard;” and (3) failing to make necessary repairs to the window. The matter was tried to a jury. At a pre-trial conference, Plaintiff presented a motion in limine to exclude evidence regarding her rent delinquency, which the trial court denied. At the close of all the evidence, Defendant moved for a directed verdict on the basis that there was no substantial evidence to establish that Defendant had control over J.S.'s bedroom window for the purpose of making repairs. The trial court denied the motion. Following a jury verdict for Defendant, Plaintiff filed a motion for new trial, which was denied. Plaintiff now appeals.

Discussion

Point I: Instructional Error

In her first point, Plaintiff contends that the trial court erred by submitting the verdict-directing instruction (Instruction No. 7) to the jury because there was no substantial evidence to establish that a genuine dispute existed regarding whether J.S.'s bedroom window was within Defendant's control for the purpose of making repairs. Defendant responds that the issue of whether it retained control over J.S.'s window to establish liability was disputed at trial and was therefore properly submitted to the jury.

Standard of Review

The question of whether the trial court properly instructed the jury is a question of law, Rice v. Bol, 116 S.W.3d 599, 606 (Mo.App.W.D.2003), which we review de novo. Powderly v. South County Anesthesia Assoc., Ltd., 245 S.W.3d 267, 276 (Mo.App.E.D.2008). Generally, a verdict-directing instruction is sufficient if it substantially follows the language of the Missouri Approved Instructions. Dhyne v. State Farm Fire and Cas. Co., 188 S.W.3d 454, 459 (Mo. banc 2006). Moreover, a verdict-directing instruction must hypothesize every fact essential to a plaintiff's right to recover. Tucker v. Taksel, 345 S.W.2d 385, 388–89 (Mo.App.E.D.1961) (instructional error found where element of control omitted in verdict-directing instruction). This includes the requisite finding of “all facts disputed or not conceded” which are necessary to support the jury's verdict. Bowman v. McDonald's, 916 S.W.2d 270, 284 (Mo.App.W.D.1995).

In determining whether there is sufficient evidence to support a jury instruction, we view the evidence in the light most favorable to the offering party and give that party the benefit of all reasonable inferences. Caples v. Earthgrains Co., 43 S.W.3d 444, 449 (Mo.App.E.D.2001). To reverse a jury verdict based on instructional error, the party challenging the instruction must show that the instruction misdirected, misled, or confused the jury. Dhyne, 188 S.W.3d at 459.

The verdict-directing instruction submitted by the trial court provided:

INSTRUCTION NO. 7

Your verdict must be for plaintiff if you find:

First, there was no lock on plaintiff's bedroom window, and as a result the window was not reasonably safe, and

Second, the plaintiff's bedroom window was in the possession and control of defendant for the purpose of making repairs and was used by the tenant of defendant with its consent, and

Third, the defendant knew or by using ordinary care could have known of this condition, and

Fourth, the defendant failed to use ordinary care to make the plaintiff's window reasonably safe, and

Fifth, as a direct result of such failure, plaintiff sustained damage.

M.A.I. 22.05 [1981 Revision]; modified by Caples v. Earthgrains Co., 43 S.W.3d 444 (Mo.App. E.D.2001). (emphasis added).

At the jury instruction conference, Defendant offered the verdict director, Instruction No. 7, which was patterned after MAI 22.05, as modified, in accordance with the Notes on Use. Instruction No. 7 submitted the issue of whether J.S.'s bedroom window was within Defendant's control for the purpose of making repairs. Plaintiff did not submit her own verdict director, but objected to Defendant's proffered instruction, claiming the second paragraph should be omitted because the issue of Defendant's control over J.S.'s window was not in dispute. The trial court overruled the objection and submitted Instruction No. 7 to the jury.

The Notes on Use to MAI 22.05 [1996 revision] provide as follows:

This instruction is to be used only where the injury occurred in an area where the landlord has admittedly retained possession and where plaintiff has a right to be, such as a common stairway, hall, or yard.

If there is a dispute as to whether the site of the injury was an area in landlord's control, the additional issue should be hypothesized in the following form:

Second, the [site of injury] was in the possession and control of defendant and was used by tenants of defendant with his consent.

[Emphasis added].

In accordance with the Notes on Use to MAI 22.05, the dispositive inquiry is whether a dispute existed regarding the issue of Defendant's control over J.S.'s bedroom window. See Caples, 43 S.W.3d at 449. Where the issue of the landlord's control is in dispute, the question of whether the landlord retained sufficient control over the area where the injury occurred is a question for the trier of fact. See Fitzpatrick v. Ford, 372 S.W.2d 2d 844, 850 (Mo.1963); Caples, 43 S.W.3d at 449; see also Frazier v. Riggle, 844 S.W.2d 71, 73 (Mo.App.E.D.1992). Thus, if a dispute existed as to whether Defendant retained control over the second-floor window, then the issue of control was properly submitted to the jury. See Fitzpatrick, 372 S.W.2d at 850; Caples, 43 S.W.3d at 449.

Under Missouri law, landlords are generally protected from liability for personal injuries caused by a dangerous condition existing on the leased premises. Caples, 43 S.W.3d at 449; Dean v. Gruber, 978 S.W.2d 501, 503 (Mo.App.W.D.1998). The recognized exceptions to the rule include: (1) a hidden dangerous condition; (2) where the injury occurs in a “common area” used by two or more tenants and/or landlord and tenants; and (3) where the landlord is contractually obligated to make repairs and has retained sufficient control over the premises. Caples, 43 S.W.3d at 449.

Although in her petition for damages, Plaintiff did not expressly allege upon which exception her theory of liability is based, it appears from the record that liability is premised upon the third exception. Under this exception, Plaintiff must establish that Defendant was contractually obligated to make repairs to the second-floor window and...