(DOWNLOAD) "Hampton Foods v. Wetterau Finance Company" by Court of Appeals of Missouri ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hampton Foods v. Wetterau Finance Company
- Author : Court of Appeals of Missouri
- Release Date : January 17, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
GARY M. GAERTNER, Presiding Judge Plaintiff/appellant, Hampton Foods, Inc., appeals from orders of the circuit court granting partial summary judgment in favor of defendants/respondents Wetterau Finance Company and Celeste and Helen Shifrin, on the issue of projected future lost profits. Appellant relies on two points in this appeal. First, appellant asserts that this court has jurisdiction to review the circuit court's orders granting partial summary judgment. Secondly, appellant asserts as error the circuit court's orders granting partial summary judgment as to projected future lost profits based on collateral estoppel. Appellant's second point on appeal need not be addressed on the merits due to this court's lack of jurisdiction. We dismiss. The record reveals that appellant operated a grocery store in a leased building at 5418 Hampton Avenue in the City of St. Louis. The building was owned by respondents Celeste and Helen Shifrin, leased to respondent Wetterau Finance, and in turn subleased to appellant Hampton Foods. In the summer of 1980, the building partially collapsed. Appellant's business was interrupted and eventually closed permanently as a result of the building's loss of structural integrity. In 1981, appellant brought an action in federal court for breach of an insurance contract against Aetna Casualty and Surety Company. One of the contested issues in the Aetna case was whether appellant could recover projected future lost profits based on an expert's hypothesis. The court held that ""the projections of the expert witness were far too speculative to justify allowing the plaintiff to recover for projected lost profits."" Hampton Foods, Inc. v. Aetna Casualty and Surety Company, 601 F.Supp. 58, 60 (E.D. Mo. 1984).