Section 16 Objective Test

• Library: Damages 2012

The test of whether a cause of action is capable of ascertainment is an objective test to be decided as a matter of law. Powell v. Chaminade Coll. Preparatory, Inc., 197 S.W.3d 576, 585 (Mo. banc 2006). “However, when contradictory or different conclusions may be drawn from the evidence as to whether the statute of limitations has run, it is a question of fact for the jury to decide.” Id. (quoting Lomax v. Sewell, 1 S.W.3d 548, 552–53 (Mo. App. W.D. 1999)); see also Straub v. Tull, 128 S.W.3d 157, 159
(Mo...