465 S.W.3d 51
Mo.2015Background
- Missouri Supreme Court (en banc) reviews $4.3M medical negligence verdict against Partamian and Phoenix Urology.
- Plaintiff Stewart alleges failure to drain a May 2009 prostate abscess caused severe injuries.
- Defendants admitted Riordan deposition testimony was shown; objection later waived.
- Jury awarded past economic $401,726.77, past non-economic $1.5M, future non-economic $2,398,273.23.
- Appellants challenge evidentiary ruling, alleged excessiveness, and remittitur/constitutional issues.
- Court affirms judgment, declines addressing remittitur constitutionality given lack of excessiveness evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of objection to Riordan deposition | Stewart's evidence supported standard of care. | Objection preserved trial error for review. | Waived; no preservation for review. |
| Verdict excessive due to passion or bias | Verdict reflects substantial injuries; not excessive. | Excessive because of trial error and bias. | Not excessive; no reversible error shown. |
| Constitutionality of section 538.300 | Remittitur right integral to jury trial. | Statutory ban does not impair jury trial. | Court declines ruling on constitutionality; no injury shown. |
| Remittitur under section 537.068 | Remittitur should remedy excessiveness. | Remittitur unnecessary where weight of evidence supports verdict. | No remittitur required; statute remains inapplicable given lack of weight-of-evidence fault. |
Key Cases Cited
- Badahman v. Catering St. Louis, 395 S.W.3d 29 (Mo. banc 2013) (remittitur requires weight-of-evidence finding before additur/remittitur)
- Firestone v. Crown Ctr. Redevelopment Corp., 693 S.W.2d 99 (Mo. banc 1985) (abolished common-law remittitur, led to statutory remittitur)
- Giddens v. Kansas City Southern Ry. Co., 29 S.W.3d 813 (Mo. banc 2000) (excessive verdict requires clear bias or error; not just high amount)
- Lindquist v. Scott Radiological Grp., Inc., 168 S.W.3d 635 (Mo. App. 2005) (jury damages have wide discretion; consider nature of injury and comparable awards)
- Sanders v. Illinois Central R. Co., 270 S.W.2d 731 (Mo. banc 1954) (remittitur historically used to correct excess damages)