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