Section 10 Damages Not Limited to Those Sustained Before Age of Majority

LibraryDamages 2012

Basically reflecting a codification of the common law—more specifically Mitchell v. Buchheit, 559 S.W.2d 528 (Mo. banc 1977)—damages under § 537.090, RSMo Supp. 2011, are recoverable “without limiting such damages to those which would be sustained prior to attaining the age of majority by the deceased or by the person suffering any such loss.” Section 537.090.

In Mitchell, the surviving parents of a minor truck driver brought a wrongful death action and sought, at trial, to introduce evidence of damages...

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