Section 43 The Problem

• Library: Damages 2012

Indeed, following Anglim v. Missouri Pacific Railroad Co.,
832 S.W.2d 298 (Mo. banc 1992), the Supreme Court of Missouri applied similar principles regarding the jury’s ability to determine present value—even without evidence of present value—to a medical malpractice action. In Klotz v. St. Anthony’s Medical Center, 311 S.W.3d 752, 761 (Mo. banc 2010), the plaintiff offered expert testimony regarding future medical costs that were reasonable and necessary. On appeal, defense counsel argued that the expert testimony should not have been allowed because the plaintiff was obligated to present evidence of future damages in terms of present value. Id. at 761–62. In rejecting this argument, the Supreme Court turned to Anglim and noted that the jury was capable of making a present...