Negligence: Damages – Pain And Suffering – Vicarious Liability

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(1)Where a man who was severely injured in a car accident caused by a teen driver’s negligence presented ample undisputed evidence of the pain and suffering that resulted from his injuries, the trial court’s failure to award non-economic damages was an abuse of discretion.

(2)Where a trial court found a father to be vicariously liable for the injuries to a man who was injured by the father’s son in a car accident at which the father was not present, the evidence at trial did not support the existence of a master-servant relationship between the father and son, and even if such a relationship applied, the father would not have been liable because the coming and going rule applied, so the judgment is reversed.

Judgment is reversed and remanded in part; affirmed in part.

Meier v. Schrock (MLW No. 64969/Case No. ED98728 – 14 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.) Appealed from circuit court, Osage County, Schollmeyer, J. (Andrew J. Gelbach for appellant) (David G. Bandre for respondent).

Read the full text of this opinion. (PDF)