See, e.g., Washington by Washington v. Barnes Hosp., 897 S.W.2d 611 (Mo. banc 1995) (exclusion of evidence of free public school programming available to injured minor child on question of mitigation of damages in medical malpractice case); Shoemakev. Murphy, 445 S.W.2d 332 (Mo. 1969) (exclusion of landowner's offers to convey land for certain price in condemnation action); Felton v. Hulser, 957 S.W.2d 394 (Mo. App. 1997) (exclusion of admissions made in response to discovery requests by defendant); Sigrist v. Clarke, 935 S.W.2d 350 (Mo. App. 1996) (exclusion of portions of hospital records in malpractice action); State exrel. Missouri Highway and Transp.
The Commission relies upon a line of cases indicating that evidence of sales of other property to the condemner is inadmissible as evidence of the value of the land condemned. See e.g., Shoemake v. Murphy, 445 S.W.2d 332, 334 (Mo. 1969); State ex rel. Kansas City Power Light Co. v. Salmark Home Builders, 350 S.W.2d 771, 772 (Mo. 1961); Bruening, 326 S.W.2d at 313; Metropolitan State Ry. Co. v. Walsh, 197 Mo. 392, 405; 94 S.W. 860, 864 (1906). In Walsh, the Supreme Court justified this rule of exclusion because
Volk, supra at 259 [5]. See also, Shoemake v. Murphy, 445 S.W.2d 332, 334 [1] (Mo. 1969). 42 U.S.C. § 4651 4652, 4655 are reproduced in large part in State ex rel. Weatherby Advertising Company, Inc. v. Conley, 527 S.W.2d 334, 338 340 (Mo. banc 1975).
The cases dealing with such situations have uniformly held that offers by landowners made to such agents in contemplation of the exercise of their eminent domain power are not for purposes of a voluntary sale and are not admissible as admissions. The reason normally stated is that the offer is more likely to be the result of compromise to avoid controversy and litigation costs and is not a fair test of market value. Shoemake v. Murphy, Mo., 445 S.W.2d 332, l.c. [2]335, and cases there cited. Public policy favors the settlement of disputed claims out of court and offers of settlement are treated as offers to obtain peace rather than an admission of value to be held against the offerer.