Lewey v. Farmer
2012 Mo. App. LEXIS 266
| Mo. Ct. App. | 2012Background
- Plaintiff Lewey appeals a jury verdict awarding him $15,000 for injuries from a March 2007 collision caused by Defendant Farmer's undisputed negligence.
- Plaintiff alleged permanent injuries, mental anguish, pain, medical expenses, earnings reductions, and permanent impairment.
- Plaintiff sought compensation for treatment and damages; medical-expense affidavits valued at $83,231.97 were admitted for consideration.
- Plaintiff had a prior low-back injury (surgery in 1974) with preexisting chiropractic treatment; evidence of this condition was challenged.
- During trial, Lewey opened the door to evidence of prior low-back injury via his own direct examination, prompting defendant to elicit related testimony.
- The jury awarded $15,000; Lewey moved for a new trial or additur, which the trial court denied, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior low-back injury evidence | Lewey contends trial court abused discretion by admitting evidence. | Evidence relevant to damages and causation was properly admissible. | No abuse; evidence opened by Lewey's direct testimony allowed broader questioning. |
| Withdrawal instruction on prior low-back injury | Instruction A should have withdrawn prior low-back evidence. | Trial court did not abuse discretion; Lewey opened the door to evidence. | No abuse; instruction not required. |
| Damages and additur/new trial denial | Jury verdict inadequate; additur should be available. | Jury credibility and weight of testimony supported the verdict; no new trial warranted. | Court affirmed denial of new trial/additur; verdict not shockingly inadequate. |
Key Cases Cited
- Yaeger v. Olympic Marine Co., 983 S.W.2d 173 (Mo.App.1998) (evidence opened door to issue; cannot exclude where first introduced)
- Matula, 910 S.W.2d 355 (Mo.App.1995) (when a party opens the door to evidence, ruling for exclusion may fail)
- Union Elec. Co. v. Metro. St. Louis Sewer Dist., 258 S.W.3d 48 (Mo.banc 2008) (admissibility decisions reviewed for abuse of discretion)
- Howard v. City of Kansas City, 332 S.W.3d 772 (Mo.banc 2011) (standard for abuse of discretion in evidentiary rulings)
- Tomlin v. Guempel, 54 S.W.3d 658 (Mo.App.2001) (damages review; additur permitted only with new trial)
- Kehr v. Knapp, 136 S.W.3d 118 (Mo.App.2004) (appellate review of abuse in damages verdict)
- Tucci v. Moore, 875 S.W.2d 115 (Mo.banc 1994) (additur and new-trial standards)
- Summers v. Fuller, 729 S.W.2d 32 (Mo.App.1987) (jury credibility and weight in damage determinations)
- Lyman Leasure v. State Farm Mut. Auto. Ins. Co., 757 S.W.2d 638 (Mo.App.1988) (abuse-of-discretion standard for verdict adequacy)