334 S.W.3d 650
Mo. Ct. App.2011Background
- Arnold (plaintiff) and Minger (defendant) formed two Missouri LLCs to fabricate and exhibit wheel-standing racecars and jet-powered vehicles.
- Arnold owned a unique 1929 Model A wheelstander; it was stored in a shop Arnold and Minger agreed to buy together.
- In August 2006, Minger sold Arnold's wheelstander without Arnold's knowledge or consent for $40,000.
- Sibley testified the wheelstander was unique; replacement cost was a $115,000 conservative estimate; Arnold testified replacement cost is the proper damages measure because the vehicle is custom.
- The trial court found the wheelstander unique and virtually irreplaceable, cited supporting authority, and awarded $115,300 for replacement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper damages measure for conversion of a unique property | Replacement cost is appropriate for unique items. | Fair market value should apply when valuing the item. | Replacement cost is appropriate; damages affirmed. |
| Sufficiency of evidence supporting replacement-cost damages | Evidence shows the wheelstander is unique and irreplaceable. | Evidence does not establish replacement cost as the correct measure. | Sibley’s testimony sufficient; replacement-cost damages supported. |
| Preservation of error on the damages-measure ruling | Minger waived error by not objecting at trial and by inviting the evidence; appellate review denied. |
Key Cases Cited
- Leonard Missionary Baptist Church v. Sears, Roebuck and Co., 42 S.W.3d 833 (Mo. App. E.D.2001) (supports replacement-cost measure for unique goods)
- Ladeas v. Carter, 845 S.W.2d 45 (Mo. App. W.D.1992) (supports replacement-cost measure for unique property)
- Mackey v. Goslee, 244 S.W.3d 261 (Mo.App. S.D.2008) (affirms deference to trial court on witness credibility; sufficiency standard)
- Culver-Stockton Coll. v. Missouri Power & Light Co., 690 S.W.2d 168 (Mo.App. E.D.1985) (availability of replacement-cost as measure for unique property)
- Ameristar Jet Charter, Inc. v. Dodson Int'l Parts, Inc., 155 S.W.3d 50 (Mo. banc 2005) (damages to fully compensate but not windfall; proof standards)