Boyle v. Christensen
2011 UT 20
| Utah | 2011Background
- Boyle was struck by a truck in a grocery store parking lot crosswalk; liability admitted by Christensen.
- Trial proceeded on damages; Boyle sought higher damages than awarded; Mrs. Boyle asserted a loss of consortium claim later dismissed.
- Voir dire was modified by the court; Boyle did not object or request additional questions.
- Closing argument referenced the McDonald’s coffee case (not in evidence) and was objected to by Boyle, but objection was overruled.
- Jury awarded $62,500 total ($29,700 past economic, $5,000 future economic, $27,800 noneconomic); Boyle sought certiorari review.
- Court of Appeals affirmed on preservation of voir dire and other issues; Utah Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of voir dire issue for appeal | Boyle preserved via submitted tort reform questions | Explicit preservation required objections during voir dire | Not preserved; affirm court of appeals on this point |
| Impropriety of McDonald's coffee reference in closing | Reference prejudicial and irrelevant to evidence | Closing argument permissible; within latitude | Improper and likely prejudicial; remand for new trial |
| Loss of consortium dismissal under statute | Injury definition includes examples but may be broader | Exhaustive list; no injury unless one example proven | Error to dismiss; dispute over whether Boyle had significant permanent injury; reinstatement ordered |
Key Cases Cited
- State v. Lee, 128 P.3d 1179 (Utah 2006) (preservation requires timely objection and explicit challenge)
- 438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (abuse of discretion; preservation rule application)
- State v. Knight, 734 P.2d 913 (Utah 1987) (reasonable likelihood prejudice standard for closing arguments)
- State v. Alonzo, 973 P.2d 975 (Utah 1998) (closing argument limits; improper inflaming of passions)
- Dibello v. State, 780 P.2d 1221 (Utah 1989) (test for reasonable likelihood of prejudice; standard for new trial)
- Bee v. Anheuser-Busch, Inc., 204 P.3d 204 (Utah 2009) (appellate preservation context; distinguishing voir dire objections)