## Facts

- Freda McMurry, a 62-year-old passenger, rode in a car driven by Charles Magnusson.
- Magnusson rear-ended a vehicle driven by Cecil Lindsay after Lindsay stopped to avoid a camper shell lying in his lane.
- The camper shell had fallen from a truck owned and operated by Richard Crandall (initially a defendant, later voluntarily dismissed by McMurry).
- McMurry sustained back injuries, was hospitalized, and afterward could not walk unassisted or care for herself.
- McMurry moved to her sister’s home for about four months; the sister provided continuous personal and medical care.
- McMurry testified she and her sister had an understanding that the sister would be paid for the services, though no payment had been made by trial.

## Issues

1. Whether the trial court erred by withdrawing from the jury the claimed damages for the sister’s home-care services on the theory that intra-family services are gratuitous absent an express contract.
2. Whether the evidence supported the verdict for Lindsay (the lead driver who stopped for the roadway hazard).

## Decision

- Affirmed in part and reversed and remanded in part.
- Reversed and remanded as to Magnusson because the withdrawal instruction improperly barred the jury from considering the reasonable value of the sister’s services.
- Affirmed the judgment for Lindsay because the evidence supported the defense verdict that Lindsay was not negligent.

## Legal Principles

- The reasonable value of necessary nursing or attendant care may be recoverable personal-injury damages even when provided by a relative.
- A presumption that services within a family are gratuitous is rebuttable; compensability depends on the parties’ relationship and intent.
- Whether such services were gratuitous or rendered with an expectation of compensation is a fact question for the jury when supported by evidence.
- A trial court should not remove this damages element from the jury solely due to familial status or the absence of payment at the time of trial.

## Conclusion

The court held that evidence of an understanding to compensate a caregiving relative required submission of the service value to the jury, making the withdrawal instruction erroneous and necessitating remand as to Magnusson, while leaving intact the defense verdict for Lindsay.


McMurry v. Magnusson, 849 S.W.2d 619 (Mo. Ct. App. 1993)