Section 12.14 Proof of Notice of Existence of Condition Capable of Causing Injury or Loss

• Library: Evidence 2017

c. (§12.14) Proof of Notice of Existence of Condition Capable of Causing Injury or Loss

A prior similar happening also may be admitted to prove notice of the existence of a dangerous condition. Pierce v. Platte-Clay Elec. Coop., Inc., 769 S.W.2d 769, 773–74 (Mo. banc 1989). When the fact of a prior happening is tendered on the issue of notice of risk of injury or loss, the “degree of similarity required . . . is less demanding.” Stacy v. Truman Med. Ctr., 836 S.W.2d 911, 926–27 (Mo. banc 1992), abrogated on other grounds by Southers v. City of Farmington, 263 S.W.3d 603 (Mo. banc 2008). In Stacy, the trial court admitted the plaintiff’s evidence of a prior fire, which resulted from a patient smoking, in a hospital room on the same floor of the hospital less than two weeks before the fire at issue in this case, which also resulted from a patient smoking. The Supreme Court held that the evidence was properly admitted “to show the notice that defendant had of a potential smoking/fire problem.” Stacy, 836 S.W.2d at 926. But counsel should be aware that when the notice is not specific about the condition that will cause injury or loss, it will not be admitted. See Fletcher v. City of Kansas City, 812 S.W.2d 562, 564 (Mo. App. W.D...