International Brotherhood of Electrical Workers, Local Union No. 814 v. Monsees
2011 Mo. App. LEXIS 313
| Mo. Ct. App. | 2011Background
- Union owns the building behind Monsees' Broadway property and purchased it in 1998 from George Thompson.
- Union paid for a 5' x 10' illuminated sign on adjacent property (now Broadway Lanes); wiring attached to Union's building; Union paid electricity and performed maintenance.
- Monsees purchased his building in 2001; Caldwell Banker real estate business operates there.
- In 2005 Monsees proposed replacing the sign; Union refused and did not permit a smaller sign under it.
- On June 25, 2006, Impact Sign, directed by Monsees, removed the Union sign and erected a new Caldwell Banker sign on Monsees' property, breaking a panel.
- Union sued October 10, 2006 for trespass (common law and statutory) and conversion; jury found trespass and awarded $15,000; punitive and treble damages denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/preservation of trespass claim | Union contends trespass supported; Monsees failed to preserve for appeal. | Monsees argues insufficient evidence and proper preservation. | Evidence supported trespass; preservation failure barred direct challenge. |
| Punitive damages for trespass | Punitive damages should be submitted given intentional removal and lack of good faith. | No punitive damages due to lack of malice or bad faith. | Punitive damages must be submitted to the jury. |
| Treble damages under § 537.340 | Statutory trespass awards treble damages. | § 537.340 does not apply to removal of a sign on another's property. | Statutory trespass treble damages not applicable; issue remanded for punitive damages only. |
Key Cases Cited
- Ridgway v. TTnT Development Corp., 126 S.W.2d 807 (Mo.App. S.D.2004) (punitive damages require clear and convincing evidence of malice when trespass is established)
- Hostler v. Green Park Development Co., 986 S.W.2d 500 (Mo.App. E.D.1999) (malice/punitive damages depend on good faith and belief in lawfulness)
- St. Louis County v. Stone, 853 S.W.2d 437 (Mo.App. E.D.1993) (possession essential to trespass; view evidence in plaintiff’s favor)