Section 3 Pleading Loss of Profits

• Library: Damages 2012

Rule 55.19 requires special damages to be pleaded. Loss of profits is generally a special damage; it must be pleaded. Parsons Constr. Co. v. Mo. Pub. Serv. Co., 425 S.W.2d 166 (Mo. 1968). But if the loss of profits is the “natural, necessary and logical” consequence of the wrong, pleading of the loss of profits as special damages is not required. Rusk Farms, Inc. v. Ralston Purina Co., 689 S.W.2d 671, 681 (Mo. App. E.D. 1985). The safe practice is to specifically plead loss of profits.

Counsel should...