Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Citation
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Parent Document
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Jurisdiction
- Missouri (state)
- Effective Date
- 2018-11-27
Other Sections in This Document (30)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
- Tolliver v. 5 G Homes, LLC, 563 S.W.3d 827 (2018)
Full Text
1,778 charsWe find the 2017 lease, and the exculpatory clause contained therein, is immaterial to resolving Appellant's claim because sufficient evidence was presented that Ms. Tolliver's damages occurred prior to June 1, 2017, when the original 2016 lease was still in full force and effect. See Emery Bird Thayer Dry Goods Co. v. J. C. Nichols Co. , 427 S.W.2d 492, 494 (Mo. banc 1968) (finding the trial court properly struck from defendant's answer any reference to a 1960 lease because the lease had not become effective at the time of the *832alleged loss and was immaterial to any issue in the case). The evidence presented at trial established Ms. Tolliver entered into the original lease in May 2016 for a one-year term. Ms. Tolliver first contacted Appellant on April 10 regarding a water leak in her room, which was causing mold and mildew to grow. On April 23, Ms. Tolliver told Appellant that mold and mildew was still present in the apartment, and she was suffering from allergy problems. Three days later, Ms. Tolliver informed Appellant that water was leaking through cracks in the wall of her laundry room, and mold was beginning to grow. Ms. Tolliver contacted the City Inspector, and his report, dated April 28, noted that one of the bathrooms was very humid, drywall at the rear entrance was waterlogged, and the carpet and pad in several of the bedrooms were saturated with water. The report indicated that mold was growing in each of these areas. Throughout the month of May, a construction crew was repairing the issues in the apartment. By June 8, the City Inspector noted most of the issues were fixed with the exception of some surface mold in the bathroom and a small section of waterlogged drywall behind the rear foyer doors. Ms. Tolliver moved out on June 15.