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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grady v. Randall, 755 S.W.2d 655 (1988)

Citation
Grady v. Randall, 755 S.W.2d 655 (1988)
Parent Document
Grady v. Randall, 755 S.W.2d 655 (1988)
Jurisdiction
Missouri (state)
Effective Date
1988-06-28

Full Text

1,123 chars
In reviewing a directed verdict we look to whether sufficient facts have been presented to form a prima facie case. In deciding whether a party made a submissible case, the appellate court must consider the evidence in the light most favorable to the party moved against. Burrow v. Moyer, 519 S.W.2d 568, 570 (Mo.App., E.D.1975). The reviewing court must consider the evidence favorable to the appellant as true and give appellant the benefit of every inference of fact which can reasonably be drawn. Day v. Wells Fargo Guard Service Co., 711 S.W.2d 503, 504 (Mo.1986). In the present case, the trial court could have reasonably found that Tenant did not present sufficient evidence to hold Landlord liable for damage to her personal property. Tenant presented no evidence to show that Landlord violated the implied warranty of habitability when the premises became flooded. Although we note that Tenant testified that she provided notice of prior problems with her plumbing, Tenant did not produce evidence indicating she provided notice to the Landlord of any latent defects in the plumbing that would result in flooding.