Section 13 Actions Involving Only Economic Loss

• Library: Damages 2012

Traditionally, contributory negligence rather than comparative fault was applied to claims for economic loss. But in Children’s Wish Foundation International v. Mayer Hoffman McCann, P.C.,
331 S.W.3d 648, 653–54 (Mo. banc 2011), the Supreme Court departed from long-standing precedent and held that the comparative fault rule established in Gustafson v. Benda,
661 S.W.2d 11 (Mo. banc 1983), should apply to claims of economic loss caused by professional negligence. In Children’s Wish Foundation, a charitable...