Section 15 Punitive Damages

• Library: Damages 2012

In Menaugh v. Resler Optometry, Inc., 799 S.W.2d 71 (Mo. banc 1990), overruled on other grounds by Rodriguez v. Suzuki Motor Corp., 936 S.W.2d 104 (Mo. banc 1996), the Supreme Court determined that the application of comparative fault principles to a punitive damage award would be inappropriate. Following the jury’s return of a verdict for the plaintiff, including a punitive damages award, with an assessment of fault to the plaintiff, the trial court applied the percentage of fault assigned to the plaintiff...