Section 11.29 Motion by Plaintiff

• Library: Civil Trial Practice 2015 Supp

(1) (§11.29) Motion by Plaintiff

As a general rule, verdicts may not be directed in favor of the party having the burden of proof. Inauen Packaging Equip. Corp. v. Integrated Indus. Servs., Inc., 970 S.W.2d 360, 363 (Mo. App. W.D. 1998). Part of the reasoning behind this is that even uncontradicted and unimpeached testimony may be disbelieved. Helfrick v. Taylor, 440 S.W.2d 940 (Mo. 1969).

But there is an exception to the general rule:

If the opponent, that is the party not having the burden of proof...