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Niman v. Plaza House, Inc.

Missouri Supreme Court

471 S.W.2d 207 (1971)

Facts

Esther and Louis Niman (the Nimans) (plaintiffs) were tenants in an apartment building owned by Plaza House, Inc., and managed by William C. Haas & Associates (Haas) (defendants). The building had a heating system that, with the assistance of pumps, circulated hot water from the boiler through pipes and into radiators in the building’s apartments. Plaza House owned, and Haas oversaw the operation of, the heating system. Tenants regulated the temperature in their apartments using a control knob on the radiator. One morning after an extremely cold night, a ruptured portion of a pipe fitting caused the Nimans’ bedroom to fill with hot water and steam. Esther Niman fell to the floor and was injured, and the Nimans’ furnishings were ruined. The Nimans sued Plaza House and Haas under the doctrine of res ipsa loquitur. The jury found in favor of the Nimans. Plaza House and Haas appealed.

Rule of Law

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Issue

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Holding and Reasoning (Morgan, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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