Pierson v. Kirkpatrick
2012 Mo. App. LEXIS 104
| Mo. Ct. App. | 2012Background
- Respondents hired Appellant for a home inspection in 2005 for $265; Crain conducted the inspection and prepared a report.
- After closing, Respondents discovered fire-related attic damage during a remodeling project.
- Respondents sued Appellant (negligence, breach of contract, and breach of a settlement agreement) in 2006.
- Walkers (sellers) settled with Respondents for $8,000 before trial; they are not appealing.
- Trial in 2010-2011 resulted in a judgment for Respondents ($5,700 principal, plus $175 costs); court treated surrounding issues as invited error and affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contract/settlement limitations barred recovery | Pierson argues limits in the inspection contract apply | Kirkpatrick argues no firm settlement or mutual contract existed to limit liability | denied; no meeting of minds; contract/settlement unenforceable against recovery. |
| Whether the trial court properly evaluated evidence supporting negligence and contract claims | Pierson asserts substantial evidence supports liability | Kirkpatrick asserts issues were narrowed by invited error and lack of contractual liability | affirmed; court upheld trial court’s finding despite claimed limitations. |
| Whether invited-error opening statements foreclose appellate challenge to non-litigated issues | Pierson contends trial court should consider broader issues | Kirkpatrick argues opening statements limited issues | denied as invited-error; trial court properly isolated issues. |
| Whether spoliation or diminution in value affected liability | Pierson argues evidence issues require reversal | Kirkpatrick contends issues were irrelevant given invited error | denied; issues deemed irrelevant to the upheld judgment. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court judgments)
- Ridgway v. TTnT Dev. Corp., 126 S.W.3d 807 (Mo. App. 2004) (weight of evidence and standard of review on appeal)
- Arndt v. Beardsley, 102 S.W.3d 572 (Mo. App. 2003) (elements of contract and mutuality of agreement)
- Lau v. Pugh, 299 S.W.3d 740 (Mo. App. 2009) (invited-error principle in appellate review)
- In re Berg, 342 S.W.3d 374 (Mo. App. 2011) (invited error and trial-court discretion)
- Sapp v. Morrison Brothers Co., 295 S.W.3d 470 (Mo. App. 2009) (no relief on appeal not sought below)
- Schubert v. Trailmobile Trailer, L.L.C., 111 S.W.3d 897 (Mo. App. 2003) (standard of review and credibility considerations)