Section 18.48 Trial
| Library | Tort Law 2016 |
D. (§18.48) Trial
Proof of damages is an area in which property damage trials are difficult. Special damages, punitive damages, and diminution of value are matters that must be carefully established by the plaintiff. Defendants must prove affirmative defenses, mostly notably mitigation and comparative fault. Gustafson v. Benda, 661 S.W.2d 11, 15 (Mo. banc 1983).
Counsel should not lose track of the proper measure-of-damages formula. The testifying owner, or the properly tendered expert, should be kept...
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