[Download] "Frank Haynam and Sondra Haynam v. Laclede" by Supreme Court of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Frank Haynam and Sondra Haynam v. Laclede
- Author : Supreme Court of Missouri
- Release Date : January 24, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This appeal arises out of a suit for wrongful termination of electrical service. Frank and Sondra Haynam sued Laclede Electric
Cooperative. At trial, the jury awarded the Haynams $945 in actual damages and $30,000 in punitive damages. Laclede filed
a Motion for Judgment Notwithstanding the Verdict or, in the alternative, for a New Trial. The trial court granted Laclede's
Motion for New Trial on all issues without specifying the grounds for the new trial. Both parties appealed from the trial
court. The Court of Appeals, Southern District, set aside the order granting a new trial and remanded the case to the trial
court for entry of a judgment notwithstanding the verdict in favor of Laclede. The court of appeals found that the Haynams
did not present sufficient evidence to conclude that Laclede's termination of services was malicious, willful or wanton. The Haynams own and operate a dairy farm. Laclede billed the Haynams each month. The Haynams read their own meter each month,
and the billing was based upon the reported usage each month. Prior to the events that led up to this suit, Sondra Haynam
routinely read the meter. In March 1986, however, Frank Haynam read the meter and reported the reading to Laclede as required.
According to this reading, the Haynam's electric usage for the month was 13,299 kilowatt hours, an increase of six times their
normal usage, resulting in a net charge of $683.91. Frank Haynam contacted James Snavely, an area foreman for Laclede, about
the increase in usage. Snavely visited the Haynam farm to look at the meter but did not find a problem; however, he did not
test the meter. He told Frank Haynam that the high reading resulted from the actual use of too much electricity, possibly
due to a surge and not to a malfunction of the meter. Upon the recommendation of Snavely, the Haynams hired an electrician
to inspect their appliances, but the inspection failed to disclose any defects.