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Central Missouri Electric Cooperative v. Balke11/18/2003
Opinion Vote: AFFIRMED.
Ellis, C.J., and Breckenridge, J., concur.
Opinion:
OVERVIEW
The rather simple explanation and overview of this appeal is the appellants (the Balkes) assert error in the trial court's: (1) failure to apply the law of the case doctrine to their counterclaim for damages in tort for wrongful termination of electric service by the respondent (CMEC); and (2) granting partial summary in favor of respondent on appellants' additional counterclaims for the torts of intentional infliction of emotional distress and abuse of process. Although the respondent, the electric supplier to the appellants' dairy farm and home, filed the underlying suit to collect for unpaid electric service, this appeal stems from the appellants' counterclaims. The reader is advised that litigation between these parties includes two separate lawsuits (one filed by each party), an appeal and subsequent reversal of both suits, and a settlement of the first suit. Some of the events, suits, and appeals overlap in time -- a condensed chronology is provided in the appendix to this opinion.
STATEMENT OF FACTS
This third appeal involving these parties attempts to resolve a long-standing dispute originating from events commencing more than twenty years ago. Although the initial suit between the Balkes and CMEC has already been settled and is not before this court, it is necessary to revisit the facts that give rise to the entire dispute. The facts, as set forth in detail in Central Missouri. Electric Cooperative v. Wayne, 18 S.W.3d 46, 48-50 (Mo. App. 2000), ("Balke II") are as follows: CMEC is an electric cooperative, serving customers located in rural, central Missouri. Richard and Ruth Balke operate a dairy farm in Cole Camp, where they live with three of their four children and Richard's mother. CMEC had supplied electrical power to the Balke farm since 1971.
In 1982, CMEC replaced an existing transformer on the property with a larger transformer because of the expansion of the Balke dairy operation. After the installation, the Balkes began experiencing over-voltage problems, which eventually damaged electrical equipment on their farm. As a result, the Balkes' dairy herd developed an increased frequency of mastitis, an inflammation of a cow's udder.
After several years of recurring complaints, in March 1991, CMEC discovered that the transformer was transmitting over-voltages. Subsequently, the transformer was removed and found to be defective. In January 1992, the Balkes received an unusually low electric bill. When they inquired about the bill, they were told that they would not be required to pay any electrical bill until CMEC investigated the low bill. Following that conversation, the Balkes did not pay any electric bills nor did they read their meter.
However, CMEC billed the Balkes for service for February 1992 through June 1992. In response, Mr. Balke sent a letter expressing his dissatisfaction and explaining the financial difficulties the family was experiencing because of the electrical problems. Mr. Balke also sent a statement of his own for the damages caused since 1982 which had never been paid by CMEC.
Sometime in early June 1992, Mr. and Mrs. Balke met with CMEC's general manager, who indicated that the co-op should have resolved the situation a long time ago. However, the general manager requested that the Balkes talk to CMEC's lawyer, Adam Fischer, to make matters "more legal." Mr. and Mrs. Balke met with Fischer, who allegedly informed the Balkes that they would not need to pay their bills until they were compensated for the damages caused by the over-voltage problem. According to
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