Section 37 Jury Instructions
| Library | Damages 2012 |
Selection of the correct jury instruction is essential because a damage award will be reversed if an instructional error prejudiced the defendant. Strebler v. Rixman, 616 S.W.2d 876 (Mo. App. E.D. 1981). When an MAI instruction applies, its use is mandatory, and if it is not used, prejudice is presumed. Pace Props., Inc. v. Am. Mfrs. Mut. Ins. Co., 918 S.W.2d 883 (Mo. App. E.D. 1996). If both personal damages and property damages are involved, the proper jury instruction for contract damages is MAI 4.01 [2002 Revision]; if only...
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