DE LA TORRE v. COPPER MANOR ARCHITECTURAL PRODUCTS LLC (2020)

Order

Roger and Monique De La Torre appeal the grant of summary judgment entered in favor of Copper Manor Architectural Products, LLC, and C&R Metalworks, LLC, (collectively, “Defendants”) on the De La Torres’ petition for damages alleging negligence, product defect, and a violation of the Missouri Merchandising Practices Act (MMPA), after a fire occurred in a chimney in their home. The De La Torres alleged that Copper Manor acted negligently in selling a decorative chimney cap without providing installation instructions. They alleged that C&R Metalworks produced an unreasonably dangerous product because the chimney cap (1) did not contain a UL listed fire-safe housing unit, (2) failed to include installation hardware, and (3) failed to contain proper and adequate instructions and/or warnings. And they further claimed that both Defendants violated the MMPA by misrepresenting the suitability of the decorative cap for use with fireplace venting. Defendants sought summary judgment, arguing, in part, that, despite sufficient time for discovery, the De La Torres failed to identify any evidence supporting a causal link between Defendants’ conduct or product and the damages the De La Torres suffered from the fire, thereby defeating each claim in the petition. The court granted Defendants’ motion. Finding no error, we affirm. Rule 84.16(b).

Per Curiam: