Section 18.47 Burden of Proof
| Library | Tort Law 2016 |
C. (§18.47) Burden of Proof
In any tort case, the plaintiff has the burden of proof, including any claim for punitive damages. DeLong Plumbing Two, Inc. v. 3050 N. Kenwood LLC, 304 S.W.3d 784, 789 (Mo. App. S.D. 2010); Stenson v. Laclede Gas Co., 553 S.W.2d 309, 315–16 (Mo. App. E.D. 1977). The party claiming damages bears the burden to establish the existence and amount of damages within a reasonable degree of certainty. Scheck Indus. Corp. v. Tarlton Corp., 435 S.W.3d 705, 731 (Mo. App. E.D. 2014).
The...
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