Section 3 Jury Instructions and Aggravation of a Preexisting Condition

• Library: Damages 2012

Modification of MAI 4.01 [2002 Revision] Damages—Personal and Property is necessary to properly submit to the jury only those damages allegedly caused and aggravated by the defendant’s conduct. Carlson v. K‑Mart Corp., 979 S.W.2d 145 (Mo. banc 1998). In modifying MAI 4.01, the general term “occurrence” must be replaced with a descriptive phrase that specifically describes the compensable event or conduct. Id.

It may also be necessary to modify the verdict director as set forth in MAI 19.01 [1986 Revision]...