490.710. Advance payment predicated on possible tort liability not admissible in evidence — payment a credit, when — limitation on action starts when. — 1. No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person, or on his behalf to others, or to the heirs at law or dependents of a deceased person, of medical expenses, loss of earnings and other actual out-of-pocket expenses, because of an injury, death claim, property loss or potential claim against any person shall be admissible into evidence as an admission against interest or admission of liability by such party or self-insurer, or if paid by an insurer of such party, as the insurer's recognition of such liability with respect to such injured or deceased person, or with respect to any other claim arising from the same accident or event.
2. Any payments made as provided in subsection 1 of this section shall constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person. In the event of a trial involving such a claim, the fact that such payments have been made shall not be brought to the attention of the jury.
3. If after an advance payment or partial payment is made as provided in this section, and thereafter it is determined by final judgment of a court of competent jurisdiction that the person is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person or insurer shall have no right of action for the recovery of such payment.
4. The period fixed for the limitation for the commencement of actions shall commence on the date of the last payment or partial payment made hereunder.
Notes of Decisions
Keith v. Burlington N. R.R., 889 S.W.2d 911 (Mo. Ct. App. 1994).
· cites it 8× “§ 490.710 (1986) since: (1) the RRB payments were not made as an accommodation to Keith and were not predicated on possible tort liability; (2) the RRB payments were not made by BN or its liability insurer; and (3) the fact that the RRB has a lien on a plaintiffs F.”
Ruzicka v. Ryder Student Transp. Servs., Inc., 145 S.W.3d 1 (Mo. Ct. App. 2004).
· cites it 7× “Section 490.710, RSMo 2000, provides that “the fact that such payments have been made shall not be brought to the attention of the jury.”
Mathis v. Jones Store Co., 952 S.W.2d 360 (Mo. Ct. App. 1997).
· cites it 6× “Finally on cross-appeal, Mathis contends the court erred in awarding the Jones Store a credit against the judgment for medical expenses paid on Mathis’ behalf.”
Hagar v. Wright Tire & Appliance, Inc., 33 S.W.3d 605 (Mo. Ct. App. 2000).
· cites it 5× “Section 490.710 RSMo 1994 states the circumstances under which a payment will be considered an accommodation payment to the plaintiff, which should be a credit on any judgment against the tortfeasor: 1.”
Kenton v. Hyatt Hotels Corp., 693 S.W.2d 83 (Mo. 1985).
· cites it 3× “The fact of the matter is that my clients have paid all the medical bills in this case, haven’t they?” During a following, lengthy colloquy with the court in chambers, § 490.710 RSMo 1978, was presented to the court as the basis of objection to counsel’s question.”
Deck v. Teasley, 322 S.W.3d 536 (Mo. 2010).
· cites it 2× “A defendant who elects to introduce such evidence waives the right to a *539 credit against a judgment as authorized by section 490.710. Section 490.715.3. Subsection 5 of section 490.”
Taylor v. Yellow Cab Co., 548 S.W.2d 528 (Mo. 1977).
· cites it 4× “’ ” Section 490.710, enacted in 1972, provides: “490.”
Brancati v. Bi-State Dev. Agency, 571 S.W.3d 625 (Mo. Ct. App. 2018).
· cites it 4× “If a defendant introduces evidence described in subsection 2 of this section, such introduction shall constitute a waiver of any right to a credit against a judgment pursuant to section 490.710. 4. This section does not require the exclusion of evidence admissible for another…”
Lampe v. Taylor, 338 S.W.3d 350 (Mo. Ct. App. 2011).
· cites it 2× “If a defendant introduces evidence described in subsection 2 of this section, such introduction shall constitute a waiver of any right to a credit against a judgment pursuant to section 490.710. 4. This section does not require the exclusion of evidence admissible for another…”
Wegeng v. Flowers, 753 S.W.2d 306 (Mo. Ct. App. 1988).
· cites it 2× “The evidence presented by Wegeng against Flowers made a case under the rear-end collision doctrine, and the court properly submitted Wegeng’s claim against Flowers by MAI 17.16. After the verdict, Flowers requested the court to give him credit on the judgment for $5,000, which…”
Mo. Rev. Stat. § 490.710(2): 1 case
Kenton v. Hyatt Hotels Corp., 693 S.W.2d 83 (Mo. 1985).
“The fact of the matter is that my clients have paid all the medical bills in this case, haven’t they?” During a following, lengthy colloquy with the court in chambers, § 490.710 RSMo 1978, was presented to the court as the basis of objection to counsel’s question.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.