Section 4 Aggravation of a Preexisting Condition and the Sudden Onset Doctrine

• Library: Damages 2012

There is a split of authority as to whether a plaintiff may invoke the sudden onset doctrine in situations involving a preexisting condition. The Eastern District has held that a plaintiff is precluded from using the doctrine when suffering from a preexisting condition. Rech v. AAA Plumbing Co., 798 S.W.2d 194 (Mo. App. E.D. 1990). Under Rech and similar cases, if a plaintiff suffers from a preexisting condition, the plaintiff cannot avoid the burden of establishing causation through competent medical testimony. See also Carmack v. Bi‑State Dev. Agency, 731 S.W.2d 518, 520 (Mo. App. E.D. 1987).

Conversely, the Western District has held that the sudden onset doctrine is available in situations involving a preexisting condition. In Berten v. Pierce, 818 S.W.2d 685, 687 (Mo. App. W.D. 1991), the Western District held that the court...