Section 13 Causal Connection Necessary

• Library: Damages 2012

To recover additional “exemplary” damages for aggravating circumstances, those “circumstances” must be causally related to the death. Guthrie ex rel. Herring v. Mo. Methodist Hosp., 706 S.W.2d 938, 942 (Mo. App. W.D. 1986); Super v. White, 18 S.W.3d 511 (Mo. App. W.D. 2000). The language of § 537.090, RSMo Supp. 2011, itself mandates such a causal relationship, providing that only those aggravating and mitigating circumstances attending the death may be considered by the jury.

In White, the court observed...