ST. LOUIS — An appeals court on Tuesday affirmed a $5.6 million award in a case involving a gasoline price war.
Christopher Westmoreland in 2015 brought suit in St. Louis Circuit Court against Midwest St. Louis LLC, claiming its gas station near Interstate 70 and Grand Avenue, called Gas Mart 6, began cutting prices in 2012, ultimately driving Westmoreland's own gas station, at 6020 North Broadway, out of business.
A city jury in 2018 agreed that Midwest had violated a state law aimed at protecting competition in the fuel market, and St. Louis Circuit Court Judge Elizabeth Hogan ruled later that year that the award should be tripled, and also awarded Westmoreland $200,000 in attorney's fees.
In an appeal, Midwest argued Westmoreland wasn't a competitor, and that the trial court erred in denying a new trial because the verdict was excessive and unsupported by the evidence, among other things.
Three judges in the Missouri Court of Appeals Eastern District found in favor of Westmoreland, and affirmed the judgment.
An attorney for Midwest, Keith Cheung, didn't immediately respond to a request for comment. Westmoreland was represented by attorney Jeremy Gogel.
Judge James Dowd, with Judges Angela Quigless and Kurt Odenwald, wrote that the "evidence here of Midwest's intent is abundant."
In 2012, another company, Energy Express, opened a "large, modern" gas station directly across from Midwest, prompting the price moves, the judges said. Midwest sold gas below cost "and did so with an eye to competition generally and to its competitors," including Energy Express, which wasn't a party to the case.
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