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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Winkler v. Robinett, 913 S.W.2d 817 (1995)

Citation
Winkler v. Robinett, 913 S.W.2d 817 (1995)
Parent Document
Winkler v. Robinett, 913 S.W.2d 817 (1995)
Jurisdiction
Missouri (state)
Effective Date
1995-11-14

Other Sections in This Document (37)

Full Text

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Mr. Albus’ expert testimony aside, the only evidence of an electrical origin of the fire was circumstantial, i.e., the testimony of other witnesses about the electrical problems that preceded the fire. However, to make a submissible case on the issue of causation, such circumstantial evidence must fairly warrant the conclusion that the fire did not originate from some other cause. Henderson, 561 S.W.2d at 385. The testimony concerning the pre-existing electrical problems does not meet this evidentiary *822burden, and the inconclusive expert witness testimony of Mr. Albus does not add a significant quantum of proof to establish a sub-missible case. The judgment of the trial court is affirmed. All concur.