Montgomery v. Wilson
331 S.W.3d 332
| Mo. Ct. App. | 2011Background
- Premises liability case involving Gordon Ray Wilson, Sr. and Jr. on a property in Excelsior Springs, Missouri.
- Montgomery was hired as a contract laborer at the property from March 2005 to February 2006.
- On February 16, 2006, Montgomery slipped on a white, slippery substance on the lower driveway and fell.
- He sustained cervical spine injuries requiring surgery by Dr. Gianino.
- Jury apportioned 75% fault to the Wilsons and 25% to Montgomery; damages awarded were $650,000.
- Trial court entered judgment in Montgomery’s favor for $487,500; Wilsons appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was substantial evidence of a dangerous condition causing the fall. | Montgomery | Wilson | Denial of directed verdict affirmed; substantial evidence shown |
| Whether the trial court properly allowed evidence of medical treatment value under section 490.715.5. | Montgomery | Wilson | Deck v. Teasley controls; rebuttal evidence admitted; presumption rebutted |
| Whether cross-examining Dr. Prostic about past testimony was proper. | Montgomery | Wilson | No abuse of discretion; cross-examination permissible to show bias |
Key Cases Cited
- Deck v. Teasley, 322 S.W.3d 536 (Mo. banc 2010) (presumption on medical value rebutted by substantial evidence)
- Brown v. Morgan Cnty., 212 S.W.3d 200 (Mo. App. W.D. 2007) (premises liability causation and inference from circumstantial evidence)
- Klotz v. St. Anthony's Med. Ctr., 311 S.W.3d 752 (Mo. banc 2010) (standard for reviewing denial of directed verdict and JNOV)
- Rodriguez v. Suzuki Motor Corp., 996 S.W.2d 47 (Mo. banc 1999) (breadth of cross-examination to test qualifications and bias)
- Nelson v. Waxman, 9 S.W.3d 601 (Mo. banc 2000) (scope of cross-examination in civil cases)