Steven Walker v. Faith Kelley
2016 Mo. App. LEXIS 1039
| Mo. Ct. App. | 2016Background
- December 21, 2009: Kelley rear-ends Walker in Independence, Missouri; Walker sustains neck/back injuries and medical treatment follows.
- Walker's medical expenses total $11,279.62, with total charges $25,895.97; jury awarded $0 then $1.00 after retry.
- The jury initially returned a verdict for Walker with no damages; circuit court declared it inconsistent and sent the case back for further deliberation.
- Evidence included Plaintiff’s Exhibit 9 detailing medical expenses and a claim that those expenses were paid; Kelley introduced evidence of payment to argue against awarding medical costs.
- The circuit court instructed the jury to award fair and just compensation for damages; jury ultimately awarded $1.00, and the court entered judgment; Walker moved for new trial, which was denied.
- The appellate court affirmed, holding no abuse of discretion and addressing the statutory framework for medical costs and jury verdict inconsistency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $1.00 damages award was grossly inadequate or improper | Walker argues $1.00 shows bias or misconduct and ignores undisputed medical expenses | Kelley argues verdict reflects credibility and does not show bias; damages discretionary | No abuse of discretion; verdict not clearly biased or improper |
| Proper treatment of medical expenses under Section 490.715 and Exhibit 9 | Walker contends medical expenses must be awarded or properly rebutted | Kelley argues expenses may be limited by evidence of payment and presumption | Court defective; however jury award still upheld; not reversible error |
Key Cases Cited
- Homeyer v. Wyandotte Chemical Corp., 421 S.W.2d 306 (Mo. 1967) (damages in tort rest with jury; trial court wide discretion on new trial for inadequate damages)
- Lewey v. Farmer, 362 S.W.3d 429 (Mo. App. 2012) (abuse of discretion in new trial standard requires shockingly inadequate damages)
- Downey v. University Internists of St. Louis, Inc., 154 S.W.3d 339 (Mo. App. 2004) (properly construes verdicts and assesses damages in unliquidated cases)
- Jenkins v. Revolution Helicopter Corp., Inc., 925 S.W.2d 939 (Mo. App. 1996) (courts may require jury to correct inconsistent verdicts during deliberations)
- Rider v. The Young Men’s Christian Association of Greater Kansas City, 460 S.W.3d 378 (Mo. App. 2015) (jury follow instructions; presume proper deliberation)