Section 10 Statutory Damages for Malicious Destruction

• Library: Damages 2012

Section 537.330, RSMo 2000, provides double damages for malicious or wanton destruction or damage to personal property, goods, chattels, furniture, or livestock. Malice is defined by caselaw to mean intentionally doing a wrongful act without just cause or excuse. Bean v. Branson, 266 S.W. 743 (Mo. App. S.D. 1924). For example, in Freeman v. Lawson, 797 S.W.2d 882 (Mo. App. S.D. 1990), a finding that the defendant had acted in a malicious manner was supported by evidence that the defendant shot the...