Section 6 Extent of Loss

• Library: Damages 2012

In addition to the fact of damage in the form of lost profits, the plaintiff must prove the extent of the loss of profits. While Morrow v. Missouri Pac. Ry. Co., 123 S.W. 1034 (Mo. App. S.D. 1909), held that the amount of profits should be shown with reasonable certainty, more recent holdings have indicated relaxation of this high standard. The certainty that is required regarding the fact of damages is not required for the amount of damages. Wandersee v. BP Prods. N. Am., Inc., 263 S.W.3d 623 (Mo. banc 2008); Coach House of Ward Parkway, Inc. v. Ward Parkway Shops, Inc., 471 S.W.2d 464, 471 (Mo. 1971). If the fact of damage is clear, “it is reasonable to require a lesser degree of certainty as to the amount of loss.” Coach House, 471 S.W.2d 472. A reason why the extent or the amount of loss is often difficult to prove...