Section 3 Fault Apportioned to Plaintiff

• Library: Damages 2012

Although Missouri Pacific Railroad Co. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. banc 1978), implemented a system of comparative fault among defendants, Missouri law continued to require the jury to make an all-or-nothing assessment of a plaintiff’s fault in causing the injury because contributory negligence of a plaintiff remained a complete defense in negligence actions. In 1983, as a further attempt to implement a fair system of apportioning damages, the Supreme Court of Missouri held that fault...