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Consumer Law: MMPA-Punitive Damages-Attorneys’ Fees

Where appellants, who brought an action against their landlord alleging damages from a bedbug infestation, challenged the denial of their motion to amend the judgment to award them attorneys’ fees on their claims under the Missouri Merchandising Practices Act, the trial court abused its discretion in denying the motion, so the motion is reversed and remanded for reconsideration of the attorneys’ fees, but the court did not abuse its discretion in excluding evidence regarding bedbug infestations in apartment buildings other than that of the appellants because it was reasonable to exclude the evidence to avoid undue prejudice.

Judgment is affirmed in part; reversed in part; remanded.

Ostermeier v. Prime Properties Investments Inc. (MLW No. 74262/Case No. WD82432 – 18 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Cass County, Wagner, J. (Thomas H. Davis, Kansas City, Missouri; for appellant) (Paula F. Gorden, Kansas City, Missouri, for respondents).