Marshall Interiors, Inc. v. Young Men's Christian Ass'n of Greater St. Louis

GRIMM, Judge.

Plaintiff Marshall Interiors, Inc., a furniture company, brought suit against defendants Young Men’s Christian Association of Greater St. Louis and Prinster-Neu-mann Construction Company. Plaintiff alleged that the YMCA “and/or” Prinster-Neumann “had exclusive control and/or possession” of a whirlpool, and that “water from the whirlpool ... caused serious water damage to plaintiff’s inventory.” Before trial, plaintiff settled and dismissed its claim against Prinster-Neumann.

The case was submitted under the doctrine of res ipsa loquitur. Following a jury verdict in plaintiff’s…