Section 4.10 Foreseeability

• Library: Tort Law 2016

B. (§4.10) Foreseeability

"A duty of care arises out of circumstances in which there is a foreseeable likelihood that particular acts or omissions will cause harm or injury." Millard v. Corrado, 14 S.W.3d 42, 47 (Mo. App. E.D. 1999). In a way, negligence duty requirements fold into the foreseeability requirement of Bass v. Nooney Co., 646 S.W.2d 765 (Mo. banc 1983).

Failure to plead that a defendant should have realized that the conduct involved an unreasonable risk of causing the emotional distress makes a claim "fatally defective" under Bass, 646 S.W.2d 765. Bennett v. Mallinckrodt, Inc., 698 S.W.2d 854 (Mo. App. E.D. 1985); see also St. Anthony’s Med. Ctr. v. H.S.H., 974 S.W.2d 606, 613 (Mo. App. E.D. 1998) (dismissal...