Section 10 Evidence From Plaintiff Alone

• Library: Damages 2012

The plaintiff can often establish a claim for future damages with nothing more than the plaintiff’s own testimony. If the plaintiff experiences a “[l]ong continuance of conditions” that persist through the time of trial, the situation may be sufficient to warrant an instruction on damages for future pain and suffering or financial loss. Van Volkenburgh v. McBride, 2 S.W.3d 814, 821 (Mo. App. W.D. 1999) (quoting Porter v. Bi‑State Dev. Agency, 710 S.W.2d 435, 437 (Mo. App. E.D. 1986)); see also Still v. Ahnemann, 984 S.W.2d 568 (Mo. App. W.D. 1999). Evidence supporting such an instruction may come solely from the plaintiff...