Cason v. King
327 S.W.3d 543
Mo. Ct. App.2010Background
- Casons and Hattons sued James King for breach of contract arising from King's septic-system work.
- King installed parts of a septic field for Casons; leaks persisted and required replacement at Casons’ expense ($3,500).
- Hattons had a septic system installed by King; later replacement cost was $4,900 after defects.
- Casons sought $3,500 repair cost plus $5,000 for loss of use of their lake; Hattons sought $4,900 for repairs.
- Trial court awarded repair costs to both and $5,000 loss of use to the Casons; case tried bench-style.
- On appeal, court partially reversed, remanding for new damages trial on Casons’ loss of use due to insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cost-of-repair damages require diminution in value evidence | King | King | Cost-of-repair damages supported without diminution evidence; no value proof required absent economic waste |
| Whether loss of use damages for the Casons’ lake were properly supported | Cason | King | Loss of use awarded insufficiently supported; reversed and remanded for trial on Casons’ loss of use damages |
| Whether the remand should be for Casons’ loss of use damages only or broader | Cason | King | Remand limited to Casons’ loss of use damages; other damages affirmed |
Key Cases Cited
- Catroppa v. Metal Bldg. Supply, Inc., 267 S.W.3d 812 (Mo.App. S.D. 2008) (costs to repair or replace defective work may be damages in contract cases)
- Kelsey v. Nathey, 869 S.W.2d 213 (Mo.App. W.D. 1993) (damages for faulty septic systems can be cost of repair without diminution in value evidence)
- Dubinsky v. U.S. Elevator Corp., 22 S.W.3d 747 (Mo.App. E.D. 2000) (economic waste exception governs when repair costs are disproportionate to value loss)
- Erney v. Freeman, 84 S.W.3d 529 (Mo.App. S.D. 2002) (burden to show disproportion between repair cost and value loss; if not, proper measure is repair cost)
- Trident Group, LLC v. Mississippi Valley Roofing, Inc., 279 S.W.3d 192 (Mo.App. E.D. 2009) (economic waste principle governs measure of damages when evidence of value vs. repair cost is contested)
- Stom v. St. Clair Corp., 153 S.W.3d 360 (Mo.App. S.D. 2005) (affects loss of use damages; cost of repair may be used when appropriate)
- King v. City of Independence, 64 S.W.3d 335 (Mo.App. W.D. 2002) (loss in value evidence required absent small-damage exception; discusses loss of value vs. cost of repair)