Section 3 Substantive

• Library: Damages 2012

The substantive requirements of a damage hearing have remained relatively constant in Missouri law. Because a court cannot entertain a petition that fails to state a claim, the first requirement is that
the plaintiff state a claim on which relief may be granted. Sumpter v. J.E. Sieben Constr. Co., 492 S.W.2d 150, 152–53 (Mo. App. W.D. 1973). A default after a defendant fails to file an answer admits those traversable allegations of the petition as to the claim pleaded. Smith v. Sayles, 637 S.W.2d 714, 717...