Section 6 Submission of Apportionment to Jury

• Library: Damages 2012

Even when pleaded, comparative fault should only be submitted
if it is supported by competent evidence. In Wittmeyer v. Braby,
706 S.W.2d 263 (Mo. App. W.D. 1986), the plaintiff claimed that she became addicted to a drug because of negligent prescribing by the defendants. Id. Following a defense verdict, the plaintiff argued on appeal that the jury should have apportioned fault among the parties based on evidence that the plaintiff split capsules to string out her doses. Id. at 264. At trial, the court refused the plaintiff’s offered instructions on comparative fault because the plaintiff had failed to plead contributory fault on her part. Id. The appellate court agreed but further...