(B) there was no expert testimony that a warning would have made the propane reasonably safe was sold only to 80% capacity of the tank to which it was added, but when it was sold by 71 Truck Stop to Plaintiff it was modified by filling the cylinder to 100% was substantially modified and made unsafe because the propane sold by Synergy.
#Synergy gas trial#
Synergy's first point relied on maintains the trial court erred in denying Synergy's motion for a directed verdict in that Plaintiffs failed to make a submissible case on that theory. Synergy brings this appeal from that judgment, presenting four assignments of error.Īs in Tune, the Heifners ("Plaintiffs") submitted their claim on strict liabilityfailure to warn. After those credits, the trial court added prejudgment interest, producing a judgment for $130,555.66 in favor of Tim and $15,995.64 in favor of Marcia. The trial court allowed Synergy a $10,000 credit against Marcia's damage award for sums received earlier by her from other parties with whom she had settled. *32 The trial court allowed Synergy a $47,500 credit against Tim's damage award for sums received earlier by him from other parties with whom he had settled.
The jury: (a) assessed 100 percent fault against Synergy, (b) found Tim's damages to be $170,000, and (c) found Marcia's damages to be $25,000. The Supreme Court remanded for a new trial on that issue alone.
banc, 1994), 883 S.W.2d 10, the Supreme Court of Missouri affirmed the judgment except the damage award, which was reversed. Heifner and his wife, Marcia, also sued Synergy. They had obtained the propane earlier that day at 71 Truck Stop, which had bought it from Synergy Gas Corporation ("Synergy"). On June 24, 1988, Tim Heifner and Ronald Tune were burned in a propane gas explosion and fire. Evenson, Evenson, Carlin & LePage, Pineville, for respondents. Larson, Watson, Ess, Marshall & Enggas, Kansas City, Bruce Taylor, Taylor & Taylor, Neosho, for appellant. Missouri Court of Appeals, Southern District, Division Two. Tim HEIFNER and Marcia Heifner, Respondents,
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