Section 7 Apportionment of Derivative Claims

• Library: Damages 2012

In Johnson v. Hyster Co., 777 S.W.2d 281 (Mo. App. W.D. 1989), the jury returned different percentages of fault on the plaintiff’s claim and his wife’s loss-of-consortium claim, so the trial court granted a new trial. Id. at 285. On appeal, the Western District held that the trial court should have applied the same percentage of fault to the consortium claim as it did to the plaintiff’s claim. Id. at 286. As such, it was improper to grant a new trial when the trial court could simply apply the correct...