Section 3.15 Comparative Fault and Settlements Under § 537.060, RSMo

• Library: Settling Cases 2014

If Missouri Pacific Railroad Co. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. banc 1978), was the most important procedural decision of the Supreme Court of Missouri in the 1970s, then Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), played a similar role in the 1980s. In Gustafson, the Court judicially abolished the common-law defense of contributory negligence and substituted the doctrine of pure comparative fault. As a...