Rouse v. CUVELIER
363 S.W.3d 406
Mo. Ct. App.2012Background
- Collision between Rouse's slow-moving tractor with hay fork and Cuvelier's northbound truck on Highway 65; Cuvelier passed multiple vehicles in a designated passing zone; Rouse began a left turn without seeing Cuvelier; Cuvelier swerved and his trailer struck Rouse's tractor causing it to overturn; Rouse sustained neck, back, shoulder and arm injuries; jury returned verdict finding Rouse 100% at fault and Cuvelier liable to Rouse's injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether submission of a comparative fault instruction was supported by substantial evidence | Rouse lacked substantial evidence of Cuvelier fault | Cuvelier argued Rouse's failure to keep a lookout warranted apportionment | Instruction upheld; substantial evidence supported submission |
| Whether evidentiary references about pulling over to the shoulder were prejudicial | Cuvelier improperly suggested Rouse owed a duty to pull over | Evidence related to the defense theory; not prejudicial | Harmless error; not outcome-determinative |
| Whether cross-examination implying Rouse lacked permission to pull into MDOT drive was preserved for plain error review | Plain error; inference harmed Rouse | Lack of preservation bars plain error review | Denied; issue not preserved for review |
| Whether admission of medical-records-based testimony and hearsay was permissible | Testimony relied on inadmitted records and hearsay to prove liability/damages | Hearsay exception allowed physicians to rely on medical histories; admissible | Denied; evidence admitted under proper hearsay exception and damages rationale |
Key Cases Cited
- Owens v. ContiGroup Co., Inc., 344 S.W.3d 717 (Mo. banc 2011) (instructional error reviewed de novo; substantial-evidence standard for submission)
- Hayes v. Price, 313 S.W.3d 645 (Mo. banc 2010) (two-fold test for failure-to-lookout instructions; substantial evidence required)
- Smith v. City of Hannibal, 297 S.W.3d 926 (Mo.App. E.D.2009) (burden on party seeking fault instruction; must show driver could avoid danger)
- Johnson v. Missouri Highway and Transp. Comm'n, 113 S.W.3d 240 (Mo.App. E.D. 2003) (harmless error when verdict assigns 0% fault to defendant)
- Williams v. Trans States Airlines, Inc., 281 S.W.3d 854 (Mo.App. E.D.2009) (review of evidentiary rulings; abuse requires outcome-determinative prejudice)
- Kline v. City of Kansas City, 334 S.W.3d 632 (Mo.App. W.D.2011) (preservation and ruling on evidence requires objections and ruling)
- Harrell v. Cochran, 233 S.W.3d 254 (Mo.App. W.D.2007) (preservation and plain error principles in evidentiary issues)