Section 23 Standard of Proof Required

• Library: Damages 2012

Because nonpecuniary damages have not always been recoverable in a wrongful death action, the standard of proof has been most frequently stated in terms of pecuniary loss. The test of the right to recovery is generally “the reasonable probability of pecuniary benefit from the continued life of the deceased, or a pecuniary injury from the death,—and not that of strict legal dependency.” Domijan v. Harp, 340 S.W.2d 728, 734 (Mo. 1960); Weast v. Festus Flying Serv., Inc., 680 S.W.2d 262, 265 (Mo. App. E.D. 1984). In other words, recovery for future conditions and related expenditures is limited to those reasonably certain to occur. Hines v. Sweet, 567 S.W.2d 435, 439 (Mo. App. S.D. 1978).

Thus, pecuniary damages that are merely possible, foreseeable, or even probable provide no basis for recovery. Damages that are contingent or merely speculative are not proper for the jury to consider. Coffer v. Paris, 550 S.W.2d 915, 918...