Section 38 Direct Reparations

• Library: Damages 2012

Related to the issue of credits is the rule in Missouri that a plaintiff may not recover money damages from a defendant who gratuitously provides the item or service, which is accepted by the plaintiff, that otherwise would constitute a compensable item of damage. For example, in Kansas City v. Martin, 391 S.W.2d 608 (Mo. App. W.D. 1965), the injured plaintiff chose to avail himself of direct...