Opinion

Bair v. St. Louis-San Francisco Railway Co.

  • 647 S.W.2d 507
Court
Supreme Court of Missouri
Filed
Mar 29, 1983
Status
Published
On the bench
Blackmar, Welliver, Higgins, Billings, Morgan, Rendlen, Donnelly, Gunn
Cited by
17 cases
Authority
More cited than 8.3%

The opinion

ON MOTION FOR REHEARING

PER CURIAM.

The appellant’s motion for rehearing for the most part raises points which were presented in its briefs, but the motion does claim that the opinion is inconsistent with one point discussed in Dunn, which, according to the motion, held that defendants were precluded from arguing that an award for loss of future earnings should be reduced to present value. See 621 S.W.2d 245, 254 (Mo. banc 1981).

The holding in Dunn related to a combined argument about present value and income tax, under the assumption that Norfolk and Western Railway Company v. Liepelt, 444 U.S. 490 , 100 S.Ct. 755 , 62 L.Ed.2d 689 (1980), was not to be applied retroactively. We have now held to the contrary but felt that reversal is not required in this case.

Dunn should not be read as holding that argument on present value of a future loss is not proper. Recent cases recognize the admissibility of economic evidence in evaluating damages. Sampson v. Missouri Pacific Railway Co., 560 S.W.2d 573, 587 (Mo. banc 1978); Raney v. Honeywell, Inc., 540 F.2d 932, 936 (8th Cir.1976). The issue of the present worth of a future loss could undoubtedly be presented on cross-examination of a claimant’s expert witness, or through an expert called by the defense. The fact that a dollar today is not the same thing as a dollar payable some years from now, furthermore, is the matter of plainest fact which could be appropriately argued without the need for expert testimony.

The motion for rehearing is denied.

RENDLEN, C.J., and GUNN and DON-NELLY, JJ., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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