Section 18 Instructional Error

LibraryDamages 2012

It was error to submit a comparative fault instruction with
two allegations of negligence in the disjunctive when there was evidence to support one submission but not the other. Peaker v. Stokes, No. 22208, 1999 WL 304343 (Mo. App. S.D. May 14, 1999), transfer ordered. When evidence supports giving a comparative fault instruction, refusal to give it is error. Hutson v. BOT
Inv. Co.
, 3 S.W.3d 878, 880 (Mo. App. S.D. 1999). Reversal for a comparative fault instructional error, however, is only necessary...

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