359 S.W.3d 526
Mo. Ct. App.2012Background
- Decedent Donald Wood died in an automobile accident involving a Warrenton police officer on March 14, 2010.
- Decedent was survived by his wife Sandra Wood and three adult children from a prior marriage: Angela, Robert, and Donnie.
- Sandra and the Children settled with the City of Warrenton for $376,378; circuit court approved Sept. 3, 2010.
- The trial court held apportionment hearings on Sept. 3 and Oct. 8, 2010 and heard evidence from Sandra and the Children.
- The trial court apportioned the settlement at 85% to Sandra and 5% to each Child; the Children appealed the apportionment.
- The appellate court affirmed, upholding the trial court’s discretionary apportionment decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the apportionment of the wrongful death proceeds was an abuse of discretion. | Wood argues five percent each undervalues nonpecuniary losses. | Woods contend relationship with Decedent supported low nonpecuniary damages. | No abuse of discretion; judgment affirmed. |
Key Cases Cited
- Parr v. Parr, 16 S.W.3d 332 (Mo. banc 2000) (abuse of discretion standard in wrongful death apportionment; weighs losses)
- In re L.J.D., 352 S.W.3d 658 (Mo.App. E.D.2011) (deference to trial court on credibility and factual findings)
- Coggins v. Laclede Gas Co., 37 S.W.3d 335 (Mo.App. E.D.2000) (relationship factors inform nonpecuniary loss calculation)
- Hinnah v. Dir. of Revenue, 77 S.W.3d 616 (Mo. banc 2002) (credibility determinations vested in trial court)
- Essex Contracting, Inc. v. Jefferson Cnty., 277 S.W.3d 647 (Mo. banc 2009) (trial court credibility judgments favored; deference)