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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)

Citation
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Parent Document
Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Jurisdiction
Missouri (state)
Effective Date
1986-06-10

Other Sections in This Document (52)

Full Text

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In a final point, appellants contend the trial court erred in denying them proof of the defendants’ financial condition as a prelude to claiming punitive damages. Whether punitive damages are allowable will depend on the allegations and proof in this case on retrial. The parties in their briefs dispute whether credible evidence was introduced at the first trial to show, among other possible facts, the failure of defendants to take any action intended to remedy the objectionable conditions at the parking lot. It would be pointless to address that issue now, first because the evidence on retrial may and probably will differ in some respects and, second because questions of credibility are for the fact finder. The submission of punitive damages will be a question to be decided by the trial judge once the evidence tendered to support the claims has been adduced. *687