Section 3 Loss of Profits

• Library: Damages 2012

The plaintiff may also be entitled to loss of anticipated profits occasioned by the injury to or destruction of property. Gateway Foam Insulators, Inc. v. Jokerst Paving & Contracting, Inc., 279 S.W.3d 179, 185 (Mo. banc 2009). The rule in Missouri is that these profits “are recoverable only when they are made reasonably certain by proof of actual facts which present data for a rational estimate of such profits.” Jack L. Baker Cos. v. Pasley Mfg. & Distrib. Co., 413 S.W.2d 268 (Mo. 1967) (quoting Yaffe v. Am. Fixture, Inc., 345 S.W.2d 195, 199 (Mo. 1961)); see also Farris v. Mitchell, 745 S.W.2d 262 (Mo. App. S.D. 1988). “[T]he evidence must be sufficiently definite and certain for the jury to make a...