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Godefroid v. Kiesel Co.9/9/2003
Opinion Vote: AFFIRMED.
Russell, J., and Simon, Sr. J., concur.
Opinion:
Appellant, The Kiesel Company ("Kiesel"), appeals the judgment of the Circuit Court of the City of St. Louis granting respondents, Janice Godefroid, et al. ("Godefroid"), a new trial because of juror nondisclosure. We affirm.
On September 30, 1999, as Raymond Godefroid was riding a bicycle near the intersection of Vandeventer and Shaw in the City of St. Louis, he was involved in a fatal accident with a tank wagon truck driven by Garland Seavey, an employee of Kiesel. Subsequently, Mr. Godefroid's wife and four children brought a wrongful death action against Kiesel. On July 12, 2002, following a five-day jury trial, the jury returned a 10-2 verdict in favor of Kiesel and found that both Kiesel and Mr. Godefroid were 0% at fault.
On August 8, 2002, Godefroid filed a motion for new trial on the basis of any or all of the following grounds: juror nondisclosure, prejudicial testimony of Lorraine Pat Kiesel, misstatement of law by defense counsel, and verdict against the weight of the evidence.
The juror nondisclosures at issue here are evidenced by the litigation abstracts attached to Godefroid's motion for a new trial and concern seven jurors, all of whom signed the jury's verdict in favor of Kiesel. The seven jurors failed to disclose their involvement in the following lawsuits: (1) Juror John Ingram was involved in a property damage lawsuit filed in 1993 against a corporation; (2) Juror Angela Martin filed two rent/possession lawsuits in 2001 and was a defendant in a rent and possession suit in 1988 (3) Juror Sylvia Scales was sued in 1993 by the City of St. Louis in a tax collection action and in 1992, she was sued in a rent and possession action; (4) Juror Carrie Purdy was sued in 1992 over a promissory note for $667.33, was sued by Western Gateway Properties, Ltd. in 1988 on a landlord tenant matter, and in 1989 by Missouri State Credit Union on a breach of contract claim; (5) Juror Christina Winterbauer was sued by St. Mary's Health Center in 1994 regarding a personal debt; (6) Juror Michael Marvaso was sued by the City of St. Louis in two tax collection lawsuits; one in 1995 and one in 1998; and (7) Juror Brenda Davis was sued by Capital One Bank in 2001 in a suit on account.
On October 16, 2002, the trial court granted Godefroid's motion for new trial without specifying the grounds upon which it based its grant. On October 21, 2002, Kiesel filed a notice of appeal of the trial court's grant of a new trial. Godefroid filed a motion to amend the trial court's judgment/order granting a new trial on October 29, 2002, asking the trial court to specify the grounds upon which said motion for new trial was granted in compliance with Rule 78.03. On November 5, 2002, Kiesel filed suggestions in opposition to Godefroid's motion to amend judgment/order granting new trial. Also on November 5, 2002, Godefroid filed with this court a motion to remand the case to the trial court so that it could specify the grounds for granting a new trial.
The trial court amended its prior order granting a new trial on November 6, 2002, to specify that the new trial was granted on the ground of juror nondisclosure. On November 26, 2002, this court denied Godefroid's motion to remand.
In its first point on appeal, Kiesel argues the trial court erred in amending its order granting Godefroid's motion for a new trial to show that a new trial was ordered on the ground of juror nondisclosure. First, Kiesel argues the amended order is void for lack of jurisdiction because Kiesel filed their notice of appeal on October 21, 2002, which divested the trial cou
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