Section 9.14 Opinion Evidence

• Library: Civil Trial Practice 2015 Supp

4. (§9.14) Opinion Evidence

As a general rule, it is the trial attorney’s function to elicit facts from a witness; witnesses are not allowed to speculate or to render conclusions. This principle is grounded on the premise that it is the jury’s function to form opinions based on the facts related by the witness. The principle is not as simple as it sounds, however, because many times a witness finds himself or herself unable to describe what he or she has observed without expressing a conclusion. Mohr v. Mobley, 938 S.W.2d 319, 321 (Mo. App. W.D. 1997). For instance, it has been held that it is not improper for a witness to describe furniture as “nice” or wood as “rotten.” Travelers Indem. Co. v. Woods, 663 S.W.2d 392, 399 (Mo. App. S.D. 1983); see also Patton v. May Dep’t Stores Co., 762 S.W.2d 38, 42 (Mo. banc 1988).

It has been held that an owner may testify to the value of an item of personalty, Smith v. Rucker, 821 S.W.2d 905, 908 (Mo. App. W.D. 1992), but the owner does not have an unqualified right to engage in guesswork, Carmel Energy, Inc. v. Fritter, 827 S.W.2d 780, 783 (Mo. App. W.D. 1992). The property owner must know the...