Section 19.28 Effect of Reversal of a Finding on Liability
| Library | Tort Law 2016 |
G. (§19.28) Effect of Reversal of a Finding on Liability
A determination of damages cannot survive independent of the accompanying determination of liability, so when a finding on liability is reversed in a comparative fault action, the finding on damages must also be reversed. Barlett By and Through Barlett v. Kansas City S. Ry. Co., 854 S.W.2d 396, 403 (Mo. banc 1993). Noting that cases after the adoption of comparative fault had reached conflicting conclusions on this issue, the Court held that cases contrary to Barlett should no longer be followed...
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