Missouri Law Review Volume 71 Issue 1 Winter 2006 Article 11 Winter 2006 Calculating Lost Profit Damages: The Missouri Supreme Court Semi-Fixed the Variable Appellate Caselaw Jennifer Koboldt Bukowsky Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Jennifer Koboldt Bukowsky, Calculating Lost Profit Damages: The Missouri Supreme Court Semi-Fixed the Variable Appellate Caselaw, 71 MO. L. REV. (2006) Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss1/11 This Note is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact
[email protected]. Bukowsky: Bukowsky: Calculating Lost Profit Damages Calculating Lost Profit Damages: The Missouri Supreme Court "Semi-Fixed" the "Variable" Appellate Caselaw Ameristar Jet Charter,Inc. v. Dodson InternationalParts, Inc.I I. INTRODUCTION Prior to Ameristar Jet Charter,Inc. v. Dodson InternationalParts, Inc., a split of authority existed among appellate cases in Missouri as to how to calculate lost profit damages. 2 One line of cases stood for the proposition that all overhead expenses, including fixed expenses, should be deducted from estimated lost revenues to determine lost profit damages.3 Another set of cases explicitly refused to deduct all overhead; those courts only deducted variable expenses from estimated lost revenue to determine lost profit dam- ages.4 The Missouri Supreme 5 Court resolved this conflict in a unanimous decision in Ameristar.