Rule 55.19 Special and Punitive Damages

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XIX. Rule 55.19 Special and Punitive Damages

A. Text of Rule

When items of special damages are claimed, they shall be specifically stated. In actions where exemplary or punitive damages are recoverable, the petition shall state separately the amount of such damages sought to be recovered. In actions for such damages based upon an alleged tort, no dollar amount or figure shall be included in the demand, but the prayer shall be for such damages as are fair and reasonable.

B. Historical Note

None.

C. Cross-References

This Rule is the same as § 509.200, RSMo 2000. Cf. Fed. R. Civ. P. 9(g).

D. Time Constraints

None.

E. Comment

1. Generally—Special Damages

"General damages are those which the law would impute as the natural, necessary and logical consequence of defendant's wrongful act. Special damages are the natural, but not necessary, result of the wrongful act." Condos v. Associated Transps., Inc., 453 S.W.2d 682, 688 (Mo. App. E.D. 1970); see also Brown v. Mercantile Bank of Poplar Bluff, 820 S.W.2d 327, 338 (Mo. App. S.D. 1991). Because special damages do not necessarily result from a wrongful act, Rule 55.19 requires that they be pleaded specifically. Shirley's Realty, Inc. v. Hunt, 160 S.W.3d 804, 809 (Mo. App. W.D. 2005). The purpose of the Rule is to apprise the defendant of what damages are claimed and thereby prevent surprise. Pain and suffering arising from a personal injury are considered general damages. Johnson v. Flex-O-Lite Mfg. Corp., 314 S.W.2d 75, 84 (Mo. 1958). Common examples of special damages include:

· personal injuries, Dick v. Scott Constr. Co., 539 S.W.2d 688, 692 (Mo. App. E.D. 1975);

· medical expenses, Moore v. Parks, 458 S.W.2d 344, 347 (Mo. 1970); and

· lost wages, Wichmann v. United Disposal, Inc., 553 F.2d 1104, 1106 (8^th Cir. 1977).

Property damages and loss of profits should be pled as special damages. Aggravation of a preexisting condition may need to be pled specifically, depending on several factors. Crossno v. Taube, 754 S.W.2d 13, 14–15 (Mo. App. E.D. 1988). Mental anguish may sometimes be an item of special damages. Cf. Prange v. Prange, 755 S.W.2d 581, 592 (Mo. App. E.D. 1987); Young v. Mercantile Trust Co. Nat'l Ass'n, 552 S.W.2d 247 (Mo. App. E.D. 1977).

Whether certain damages are treated as general damages at trial may depend on:

· whether the defendant was surprised;

· whether the defendant filed a motion for more definite statement;

· how the defendant met the issue of trial; and

· of course, the exact...