Section 28 Expressions of Pain and Suffering Made to Friends and Family
| Library | Damages 2012 |
It is entirely proper for a lay witness to relate to the jury those expressions and complaints of present pain made by an injured party at the time the pain is being suffered, as long as they are “natural and spontaneous” expressions of the injured party’s feelings at the time in question. See, e.g., Tryon v. Casey, 416 S.W.2d 252, 259 (Mo. App. W.D. 1967). The difference between the admissibility or inadmissibility of the injured party’s complaints many times lies in the way the question is asked...
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