Section 26 Instructions

• Library: Prof Liability 2005

At the time of this writing, there are no specific instructions pertaining to design professionals in Missouri Approved Jury Instructions (West 6^th ed. 2002). But counsel may want to use MAI 21.01 [1988 Revision], which could be modified to apply to actions against architects and engineers:

Your verdict must be for the plaintiff if you believe:

First, defendant [architect or engineer] [here set out the act or omission complained of], and

Second, defendant was thereby negligent,¹ and

Third, as a direct result of such negligence plaintiff sustained damage.

[unless you believe plaintiff is not entitled to recover by reason of Instruction No. _____ (here insert number of affirmative defense instruction)].

¹When “negligent” or “negligence” terms are used they must be defined.

It would appear that MAI 11.06 [1990 Revision], which applies to physicians and surgeons...