Section 19 Standard of Review for Jury’s Apportionment of Fault

• Library: Damages 2012

In Stevens v. Kliethermes, 811 S.W.2d 447 (Mo. App. W.D. 1991), the court made it clear that a jury’s apportionment of fault will rarely be set aside. After the trial court denied the defendants’ motion for new trial, the appellate court ruled that the jury’s apportionment of fault to the plaintiff was not supported by substantial evidence. A concurring opinion by Judge Lowenstein stated that it should “only be in the rarest of cases when, on appeal, either party may successfully contest the verdict on...