538.229. Certain statements, writings, and benevolent gestures inadmissible, when--definitions. - Missouri Statutes

Certain statements, writings, and benevolent gestures inadmissible,when--definitions.

538.229. 1. The portion of statements, writings, or benevolentgestures expressing sympathy or a general sense of benevolence relating tothe pain, suffering, or death of a person and made to that person or to thefamily of that person shall be inadmissible as evidence of an admission ofliability in a civil action. However, nothing in this section shallprohibit admission of a statement of fault.

2. For the purposes of this section, the following terms mean:

(1) "Benevolent gestures", actions which convey a sense of compassionor commiseration emanating from humane impulses;

(2) "Family", the spouse, parent, grandparent, stepmother,stepfather, child, grandchild, brother, sister, half brother, half sister,adopted children of a parent, or spouse's parents of an injured party.

(L. 2005 H.B. 393)

CROSS REFERENCE:

Applicability of statute changes to cases filed after August 28, 2005, RSMo 538.305