Section 44 Pecuniary Damages

• Library: Damages 2012

The burden of proving pecuniary damages and proving that they resulted from the wrongful act of a third party is on the person claiming the damages. Adkison v. Hannah, 475 S.W.2d 39, 44 (Mo. 1972); Bomson v. Electra Mfg. Co., 402 S.W.2d 7, 10 (Mo. App. W.D. 1966). A presumption of at least nominal damage follows from proof of a legal wrong, but the amount and items of pecuniary damage are not presumed; they must be proved. Weaver v. Jordan, 362 S.W.2d 66, 75 (Mo. App. S.D. 1962). If there is no evidence of the extent of the pecuniary loss, no substantial damages can be recovered, at least when the elements of damage are susceptible of pecuniary measurement. Id. It is settled law that, once the fact of damage has been established, the courts are allowed considerable leeway in arriving at the amount of damages. Collier v. Roth, 434...