Section 3.19 Damages

• Library: Tort Law 2016

Damages recoverable in malicious prosecution actions are analogous to those recoverable in false imprisonment cases, with the major difference being that reasonable attorney fees incurred in the defense of the underlying action may be recovered by the malicious prosecution plaintiff. Haswell v. Liberty Mut. Ins. Co., 557 S.W.2d 628 (Mo. banc 1977); see also Williams v. Fin. Plaza, Inc., 78 S.W.3d 175, 184 (Mo. App. W.D. 2002) (trial courts are considered to be experts on the subject of attorney fees).

Out-of-pocket expenses, defamation of character, shame, humiliation, and mental anxiety may also form the basis for damages. These elements of damages are not subject to any precise measurement in dollar amount. For that reason, the jury has wide discretion in assessing damages and evaluating what is just compensation. Boquist v. Montgomery Ward & Co., 516 S.W.2d 769, 777 (Mo. App. W.D. 1974). In an action for malicious prosecution, damages are recoverable for every element of the injury, including mental and physical suffering, injury to fame and reputation, and general impairment of social standing...