Section 55 High Degree of Probability for Injury at the Time of Negligent Act

• Library: Damages 2012

Decisions after Sharp v. Robberson, 495 S.W.2d 394 (Mo. banc 1973), and Reel v. Consolidated Inv. Co., 236 S.W. 43 (Mo. 1921), have made it clear that punitive damages can be awarded in a negligence action but only when, at the time of the act complained of, the defendant knew or had reason to know that there was a “high degree of probability” that the action would result in injury to a specific class of persons. See:

· Alack v. Vic Tanny Int’l of Mo., Inc., 923 S.W.2d 330, 339 (Mo. banc 1996) (citing Kansas City v. Keene Corp., 855 S.W.2d 360 (Mo. banc 1993))

· In re Genetically Modified Rice Litig., 666 F. Supp. 2d 1004, 1031 (E.D. Mo. 2009) (denying the defendants’ motion for summary judgment as to punitive damages premised on negligence count and including “that plaintiffs may be able to present evidence from which a reasonable jury could find Bayer was conscious that its conduct would naturally or probably result in injury”)

See also:

· Flood ex rel. Oakley v. Holzwarth, 182 S.W.3d 673, 679 (Mo. App. S.D. 2005)

· Lewis v. Fag Bearings Corp., 5 S.W.3d 579, 583 (Mo. App. S.D. 1999)

· Jordan v. Gen. Growth Dev. Corp., 675 S.W.2d 901, 905 (Mo. App. W.D. 1984)

· Smith v. Sayles, 637 S.W.2d 714, 719 (Mo. App. W.D. 1982)

· Joyce v. Nash, 630 S.W.2d 219 (Mo. App. W.D. 1982)

· Smith v. Courter, 575 S.W.2d 199, 207 (Mo...