City of Harrisonville v. McCall Serv. StationsAnnotate this Case
After discovering that petroleum from a service station’s underground storage tank had leaked and contaminated soil in the City of Harrisonville, the City filed a petition for damages against McCall Service Stations, the service station’s previous owner; Fleming Petroleum Corporation, the service station’s current owner; and the Missouri Petroleum Storage Tank Insurance Fund. The jury returned verdicts in favor of the City on all counts and awarded the City both compensatory and punitive damages against the defendants. Thereafter, the circuit court remitted the punitive damages award against the Fund. The Supreme Court reversed the punitive damages award against the Fund and affirmed in all other respects, holding (1) because the City failed to allege cognizable claims against the Fund for actual or compensatory damages, it also cannot recover punitive damages against the Fund; but (2) the compensatory damages awarded against the Fund is not reversed because the Fund did not seek relief from that compensatory damages award.