R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)

Citation: R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)
Parent Document: R & J RHODES, LLC v. Finney, 231 S.W.3d 183 (2007)
Jurisdiction: Missouri (state)
Effective Date: 2007-05-29
Original Source: https://www.courtlistener.com/opinion/1439157/r-j-rhodes-llc-v-finney/ ↗

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Moreover, even if Respondents could be found liable for trespass, no convincing evidence was presented to prove that any of them caused Appellant damage. The only evidence that Appellant presented to the court were pictures taken between May 2004 and August or September of 2004. There was no evidence presented that Finney, Rhodes, or Fields was the person who placed debris on the property. In fact, direct testimony was given that disputed Appellant’s claim. Finney testified that he kept the hangar property in good repair and free of weeds, filth, and fire hazards. He also testified that he removed his hangar from the property and cleaned, picked up everything, swept the cement, and did not leave any weeds, debris, trash, or litter. Jim Tornow, who assisted Finney in removing the hangar building, corroborated this testimony by stating that there was no trash except for a rail when he left the site on July 30, 2004. Tornow also testified that none of the fiberglass had blown off because he and Finney had piled everything onto a trailer. Therefore, even if Appellant had proven that a trespass had taken place, it failed to show that Respondents Finney, Rhodes, or Fields were responsible for the debris. Point denied.

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