Robert S. Good v. Kermit L. Indreland
| Docket Number: | 2003-CA-02476-COA | |
| Oral Argument: | 11-16-2004 | |
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| Court of Appeals: |
Opinion Date: 03-08-2005 Opinion Author: BRIDGES, P.J., Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Personal injury - Sufficiency of evidence - Admission of evidence - Jury instructions Judge(s) Concurring: KING, C.J., LEE, P.J., MYERS, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., Concurs in Result Only: IRVING, J., Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 10-17-2003 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: JURY VERDICT FOR DEFENDANT |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT S. GOOD |
VIRGINIA L. CAROTHERS LOCOCO
JOSEPH ANTHONY LOCOCO |
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| Appellee: | KERMIT L. INDRELAND | FLOYD G. HEWITT ROBERT ELLIOTT BRIGGS |
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| Topic: | Personal injury - Sufficiency of evidence - Admission of evidence - Jury instructions |
| Summary of the Facts: | Following a collision between Robert Good and Kermit Indreland, Good filed a negligence action against Indreland. The jury returned a verdict for Indreland. Good appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Good argues that the verdict returned by the jury was contrary to the overwhelming weight of the credible evidence and clearly showed bias, passion, and prejudice. Good filed neither a motion for judgment notwithstanding the verdict nor a motion for a new trial with the lower court. Without such challenge, the appellate court is unable to consider this issue on appeal. Good also argues that the disclosure of whether a party has liability insurance coverage is grounds for a mistrial. Although the jury asked about insurance, the record shows that no such disclosure was made at trial. Issue 2: Admission of evidence Good argues that the court erred in denying his two motions in limine requesting that evidence as to a workers’ compensation claim he filed and injuries he received in another motor vehicle collision be excluded. Indreland can only be liable for injuries or damages to Good resulting from his negligence. Therefore, any evidence tending to show that any part of Good’s injury may have occurred as a result of some other cause was relevant. The relevance of these injuries also invalidates Good’s alleged medical privilege. Issue 3: Jury instructions Good argues that the court erred in giving or failing to give a number of jury instructions. If the instructions given adequately instruct the jury as to the applicable law, the refused instruction may not be a source of complaint. Here, the instructions, when read as a whole, fairly instructed the jury as to the applicable law. |
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