Section 11 Sudden Onset Doctrine

• Library: Damages 2012

The sudden onset doctrine permits a jury to infer causation without the aid of medical testimony when the injury or condition develops coincidentally with the negligent act. See, e.g., Jones v. Allen, 473 S.W.2d 763 (Mo. App. E.D. 1971). In Jones, the plaintiff complained of continuing pain after an automobile accident resulting in two broken arms. The court upheld an award of future pain and suffering based on evidence that the plaintiff experienced pain for a considerable period directly following the accident, even though the plaintiff’s testimony was in direct conflict with the medical testimony presented. Id. at 766. The “sudden onset” of the condition, as well as its persistence, satisfied the causation burden.

But the sudden onset doctrine is not available when the injury or condition involves facts beyond the understanding of a lay person. In Harrison v. Weller, 423 S.W.2d 226 (Mo. App. S.D. 1967), the court addressed the...