Section 8 Negligence Actions for Personal Injury

• Library: Damages 2012

In Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), the Supreme Court adopted a comprehensive system of pure comparative fault in negligence actions so that the fault of defendants as well as a plaintiff could be apportioned, and negligence on the part of a plaintiff no longer precluded recovery. This enabled a plaintiff to recover from the defendants for those damages attributable to the defendants’ fault, even if the plaintiff was more negligent than the defendants. It only prevents a plaintiff from...