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Plaintiff’s complaint alleged that she sustained injuries to her neck, back, spine and nervous system and that she was otherwise injured in a car accident. The plaintiff did not allege or amend her complaint to allege injury related to blood pressure or seek special damages. After trial and a verdict in Plaintiff’s favor, defendant appealed, asserting that the trial court erred in allowing evidence of the blood pressure injury to be admitted.
If a complaint does not allege an injury and it is not the natural result of an injury alleged in the complaint, the injury is an element of special damages which must be specifically pleaded.
Plaintiff sued defendant to recover for injuries sustained in a car accident. The complaint alleged that she sustained injuries to her neck, back, spine and nervous system and that she was otherwise injured, but did not allege injury related to increased blood pressure. The plaintiff did not amend her complaint to allege injury related to blood pressure or seek special damages. Plaintiff was awarded $2,000 in damages. Defendant appealed, asserting that the trial court erred in allowing plaintiff’s counsel to refer to and admit evidence related to the blood pressure injury.
Did the trial court properly admit evidence relating to an injury involving Plaintiff’s blood pressure?
No. In the absence of allegations in the complaint related to the blood pressure injury, the trial court should not have admitted evidence related to it.
The Missouri Supreme Court had held that a specific personal injury that was not the normal result of an injury alleged in the complaint must be specifically pleaded as “special damages” for evidence of it to be admissible. Since there were not allegations related to the blood pressure in the complaint, no evidence to show that it was the normal result of Plaintiff’s injuries, and no pleading of special damages, the court erred in admitting evidence related to the blood pressure injury.