Section 13.65 Knowledge of Plaintiff

• Library: Tort Law 2016

5. (§13.65) Knowledge of Plaintiff

Before Cox v. J.C. Penney Co., 741 S.W.2d 28 (Mo. banc 1987), plaintiffs who were invitees or licensees had to demonstrate that they did not know or by using ordinary care could not have known of the presence of the alleged defective condition. O’Dell v. Cook’s Mkt., Inc., 432 S.W.2d 382 (Mo. App. E.D. 1968). Since Cox, the plaintiff’s knowledge goes only to the issue of the plaintiff’s comparative fault. In Gillis v. Collins, 770 S.W.2d 503 (Mo. App. W.D. 1989), the...