Section 14.38 Plain Error Rule

• Library: Civil Trial Practice 2015 Supp

D. (§14.38) Plain Error Rule

Rule 78.08 is not to be invoked as an excuse for mere failure to object properly and timely or to evade the primary responsibility of orderly presentation of matters to the trial court in the first instance. The plain error rule is applied on a case-to-case basis, and it is only applied to avoid manifest injustice. Zipp v. Gasen’s Drug Stores, Inc., 449 S.W.2d 612, 618 (Mo. 1970). It is not a refuge for the maladroit or neglectful. Stevens v. Wetterau Foods, Inc., 501 S.W.2d 494, 499 (Mo. App. W.D. 1973).

The appellant should request that the question that was not raised or preserved be considered under the plain error rule. Examples of cases in which the appellant sought relief under the plain error rule include:

· cases involving erroneous instructions, Fields v. Kansas City, 383 S.W.2d 543, 547 (Mo. banc 1964); Zipp, 449 S.W.2d 612; Blankenship v....