Brenda Wadlow v. Donald Lindner Homes

Defendant Lindner Homes, Inc., appeals from a jury verdict in a personal injury action awarding $65,000 in damages to plaintiffs-respondents Mrs. Wadlow and her minor son. Defendant alleges four grounds of error in the judgment: (1) failure to grant a directed verdict or a judgment notwithstanding the verdict when the plaintiff did not prove negligence on the part of the defendant to warrant a res ipsa loquitur submission; (2) the res ipsa jury instruction was unclear; (3) failure to grant a mistrial when lay opinion evidence on an ultimate fact was submitted to the jury; and (4) improper venue. Defendant Lindner's repeated motions to dismiss the cause for lack of venue were denied by the circuit court. We hold that the venue was improper and reverse. While observing his father at work on defendant Lindner's property in St. Louis County, a fire occurred and plaintiff, four year old Rodney Wadlow, was burned. Mrs. Wadlow as parent and next friend of her minor son brought a personal injury suit in St. Charles County against Lindner Homes and Southwestern Bell, claiming that both were the husband-father's employer and liable for the child's injuries based upon husband-father's negligence in causing the fire. In addition, plaintiffs alleged that Southwestern Bell had contracted with Mr. Wadlow for the services being performed at the time the child was injured.