Section 19.24 Reduction of Plaintiff’s Recovery Based on Comparative Fault in Derivative Claims

• Library: Tort Law 2016

C. (§19.24) Reduction of Plaintiff’s Recovery Based on Comparative Fault in Derivative Claims

A parent’s claim for the medical expenses of a child is reduced by the proportion of fault assessed to the child. See Patton By and Through Menne v. Mayes, 954 S.W.2d 394 (Mo. App. E.D. 1997); Spann ex rel. Spann v. Jackson, 84 S.W.3d 478 (Mo. App. E.D. 2002). Similarly, courts have reduced a spouse’s loss of support and consortium claim by the proportion of fault assessed to the injured spouse. See:

· Finninger

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