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400 S.W.3d 429
Mo. Ct. App.
2013
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Background

  • The Sasnetts sued the City of Kansas City and Tina Jons for wrongful death after a collision at the 18th Street and Charlotte intersection, where Jons ran a red light and collided with another vehicle, killing Sasnett.
  • Brooks settled with the Sasnetts for $250,000 before trial; that settlement was partly allocated to case expenses.
  • Evidence showed the intersection had a history of accidents; experts noted visibility problems and non-synchronized signals, and the City had identified the location as high-risk years earlier.
  • Jons testified she did not see the signals due to signal placement and that she could not brake effectively; eyewitness and reconstruction data suggested higher speeds for both drivers.
  • The court granted directed verdict against Jons, but the jury was asked to apportion fault between Jons and the City, with Jons’s liability framed as a percentage of fault.
  • The jury found Jons 10% at fault and the City 90% at fault, awarding the Sasnetts $2 million in damages, offset by the Brooks settlement and capped City liability.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether trial court erred by not instructing Jons owed a higher standard Sasnetts argue Jons’s duty was higher than the City’s. City contends instruction should reflect higher standard for Jons. No reversible error; no preservation; plain error not shown
Admission of Jons's testimony about family and probation Evidence was irrelevant and prejudicial to Jons; affected damages. Testimony was limited, probative on cross-examination, and not outcome-determinative. No manifest injustice; points denied
Admission of Jons’s statement about Sasnetts wanting her to go to jail Prejudicial and improper echo of sympathy causing bias. Cross-examination context; not reversible error. No manifest injustice; points denied
denial of costs against Sasnetts Prevailing party entitled to costs; Brooks settlement should not bar further recovery. Brooks settlement covered many costs; offset and lack of itemization justified denial. No abuse of discretion; costs denied

Key Cases Cited

  • Lopez v. Three Rivers Electric Cooperative, Inc., 26 S.W.3d 151 (Mo. banc. 2000) (illustrates improper standard instruction)
  • Root v. Mudd, 981 S.W.2d 651 (Mo. App. 1999) (jury instruction clarity matters)
  • Bean v. Superior Bowen Asphalt Co., 340 S.W.3d 275 (Mo. App. 2011) (conflicting MAI directions can confuse jury)
  • Hensley v. Jackson Cnty., 227 S.W.3d 491 (Mo. banc. 2007) (plain error standard requires manifest injustice)
  • Atkinson v. Corson, 289 S.W.3d 269 (Mo. App. 2009) (plain error review rarely applied in civil cases)
  • Brown v. Poetz, 201 S.W.3d 76 (Mo. App. 2006) (admissibility of family-status evidence and its effect on merits)
  • Powell v. State Farm Mut. Auto. Ins. Co., 173 S.W.3d 685 (Mo. App. 2005) (witness statements reflecting beliefs are not substantial evidence)
  • Boshears v. Saint-Gobain Calmar, Inc., 272 S.W.3d 215 (Mo. App. 2008) (arguments regarding argument timing and fairness)
  • Flood ex rel. Oakley v. Holzwarth, 182 S.W.3d 673 (Mo. App. 2005) (courts may consider waived objections in some contexts)
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Case Details

Case Name: Sasnett ex rel. Sasnett v. Jons
Court Name: Missouri Court of Appeals
Date Published: Apr 2, 2013
Citations: 400 S.W.3d 429; 2013 WL 1296725; 2013 Mo. App. LEXIS 413; No. WD 75106
Docket Number: No. WD 75106
Court Abbreviation: Mo. Ct. App.
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    Sasnett ex rel. Sasnett v. Jons, 400 S.W.3d 429