Wednesday, August 27, 2008

A.R.B. v. Elkin

A.R.B. v. Elkin
98 S.W.3d 99 (Mo. App. 2003)

Facts: A male and female brought an action for battery against their father alleging sexual abuse.

Procedure: The trial judge rejected claims for compensatory damage because paperwork wasn't properly filed and rejected pain and suffering since there was no medical proof submitted for it.

Issue: Is the trial judge a *&%$(* ? Should the plaintiffs have been compensated?

Holding: Yes.

Reasoning: You don't have to show proof for pain and suffering, the damages are whatever seems reasonable. Also, punitive damages should have been considered.

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