Section 2 Pleading Aggravation of a Preexisting Condition

• Library: Damages 2012

Special pleadings are typically necessary in a case involving preexisting conditions. Unless all of the claimant’s injuries proximately derive from the purported negligent act, a special pleading is required. Rule 55.19; Rogers v. Spain, 388 S.W.2d 518, 520 (Mo. App. E.D. 1965). Although the petition may generally state the nature of the claimant’s injuries, the pleading must specifically identify which part of the body is hampered by prior ailment to sufficiently notify the...