Missouri Court of Appeals, Southern District / Jan 11, 2022
TINA M. PENNINGTON, Appellant vs. BRANDON WILSON and KRIS WILSON, Respondents
Tina Pennington sued her neighbors, Brandon and Kris Wilson, after their contractor cleared trees and brush on Pennington's property. The trial court denied Pennington's petition, finding she presented evidence of damages but no credible evidence that the Wilsons were legally responsible. On appeal, Pennington argued the court misapplied the law of agency and that the damages determination was against the weight of the evidence. The appellate court affirmed, holding that the trial court did not err in finding no credible evidence of an agency relationship, as agency is a question of fact and Pennington failed to meet her burden of proof.