Section 18.18 Economic Loss

• Library: Tort Law 2016

5. (§18.18) Economic Loss

Missouri bars causes of action in tort when the losses are purely economic. Rockport Pharmacy, Inc. v. Digital Simplistics, Inc., 53 F.3d 195, 198 (8^th Cir. 1995). Missouri first adopted this doctrine in Crowder v. Vandendeale, 564 S.W.2d 879, 881 (Mo. banc 1978). In Crowder, a home buyer attempted to sue the builder for breach of implied warranty and negligence. The Court barred the negligence claim because liability in tort is only appropriate in cases in which recovery is sought for personal injury, including death or property damage. Id. In Rockport Pharmacy, the plaintiff purchased a computer system from the defendant. Rockport Pharmacy, 53 F.3d at 196–97. After experiencing problems with the system, the plaintiff filed a complaint against the defendant, alleging breach of contract and negligence. The only damages the plaintiff alleged were the cost of a computer system, maintenance, and replacement expenses. The...