National Food Stores, Inc. v. Union Electric Co.

494 S.W.2d 379 (1973)

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National Food Stores, Inc. v. Union Electric Co.

Missouri Court of Appeals
494 S.W.2d 379 (1973)

Facts

Union Electric Company (Union) (defendant) provided electricity to the St. Louis area. One summer, St. Louis had a record heat wave. As a result, Union had trouble fulfilling its customers’ electricity needs. Union implemented an emergency plan that consisted of five phases to help streamline electricity. Due to the dire weather, Union rapidly reached phase five, skipping other phases in the process. Phase five called for Union to implement rolling blackouts of service to neighborhoods throughout St. Louis. The affected customers did not have a say in the decision and were not provided advance notice. National Food Stores, Inc. (National) (plaintiff) operated grocery stores in the impacted areas. The rolling blackouts caused must of the food at National’s stores to spoil. National brought suit against Union to recover damages for the spoiled food. The jury found in favor of National. Union then moved for the verdict to be set aside, and the lower court granted Union’s motion, holding that Union had no legal liability. National appealed.

Rule of Law

Issue

Holding and Reasoning (McMillan, J.)

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