Missouri Court of Appeals, Western District / Dec 10, 2019
Tracie L. Ostermeier, et al vs. Prime Properties Investments Inc., et al
Tracie Ostermeier and Samantha Rice (Appellants) sued Prime Properties Investments, Inc., and Robb Steinbeck (Respondents) for damages arising from a bedbug infestation in their apartments. A jury found in favor of Appellants on negligence and Missouri Merchandising Practices Act (MMPA) claims, but denied punitive damages. Appellants appealed the denial of their motion for attorney fees under the MMPA and the exclusion of evidence relevant to punitive damages. The appellate court reversed the denial of attorney fees, finding the trial court abused its discretion by basing its decision on Appellants' pro bono representation, and remanded for reconsideration. The court affirmed the exclusion of evidence related to bedbug infestations in other buildings, finding no abuse of discretion.