Wealth of Litigants at Trial

In trials, particularly jury trials, it is generally improper to bring up the relative wealth of the parties. The size, wealth, and corporate status of a party during trial are improper when intended to arouse prejudice and not within the scope of legitimate argument. Porter v. Toys ‘R’ Us-Delaware, Inc., 152 S.W.3d 310, 324 (Mo. Ct. App. 2004). In other words, “Missouri courts have consistently recognized that a comparison between the size, power or wealth of the litigants is improper and can entitle the victimized party to a new trial.” Tucker v. Kansas City S. Ry. Co., 765 S.W.2d 308, 312 (Mo. Ct. App. 1988).

The reasoning is that these statements excite sympathy and prejudice, distracting the jury from the core legal issues in the case. When this occurs, a mistrial is potentially an appropriate remedy. In more vague circumstances, a party’s wealth may be a fair consideration. For instance, it is generally a factor that may be considered when deciding whether to award punitive damages. See Call v. Heard, 925 S.W.2d 840, 849 (Mo. 1996) (“evidence of a defendant’s financial status is admissible as an indication of the amount of damages necessary to punish the defendant”).