Section 12 Pleading and Assessment

• Library: Damages 2012

The former rule on this topic is contained in the Supreme Court of Missouri’s opinion as stated in Glick v. Ballentine Produce Inc., 396 S.W.2d 609, 616–17 (Mo. 1965)—there was no recovery in a death case for punitive damages as such and, while added damages because of aggravating circumstances may be considered punitive in nature, they were not to be submitted or pleaded as such.

In Bennett v. Owens-Corning Fiberglas Corp., 896 S.W.2d 464 (Mo. banc 1995), the Court explicitly overruled Glick, 396 S.W.2d 609, to the extent that it does not comport with the...