Muehlhauser v. Erickson12/26/2000
Petition for Review Dismissed February 13, 2001.
BRETT A. MUEHLHAUSER AND LYNN BEAN SINGEWALD AS CO-TRUSTEES FOR THE HEIRS AND NEXT-OF-KIN OF SALINA M. MUEHLHAUSER, DECEASED, RESPONDENTS,
v.
KOREY JAMES ERICKSON, DEFENDANT, HARTMANN WELL DRILLING AND SERVICE, ET AL., APPELLANTS.
SYLLABUS BY THE COURT
1. The trial court did not err in denying appellants' motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial because, even if the co-trustees for decedent's next-of-kin failed to prove a violation of a federal motor carrier regulation, there was sufficient evidence to support a finding of common-law negligence.
2. The trial court did not err in excluding eyewitness lay-opinion testimony where it was questionable as to its basis in perception and where it was not helpful to the jury.
3. The trial court did not err in giving the wrongful death damages instruction in 4A Minnesota Practice, CIVJIG 91.75 (1999), instead of 4 Minnesota Practice, CIVJIG 180 (1997), where both instructions were substantively the same.
4. The trial court did not abuse its discretion in refusing to give appellants' version of an instruction intended to cure the co-trustees' misstatement of the law where the court instructed the jury to follow the law it gave and to disregard anything contrary from the attorneys.
5. The trial court erred by including future damages in its award of pre-verdict interest.
Scott County District Court File No. C9813810
Harry A. Sieben, Jr., Jeffrey M. Montpetit, Sieben, Grose, Von Holtum & Carey, 900 Midwest Plaza East, 800 Marquette Avenue, Minneapolis, MN 55402; and Wilbur W. Fluegel, Fluegel Law Office, 701 Fourth Avenue South, Suite 1260, Minneapolis, MN 55415 (for respondents) Eric J. Magnuson, Brian A. Wood, John M. Bjorkman, Rider, Bennett, Egan & Arundel, Llp, 333 South Seventh Street, Suite 2000, Minneapolis, MN 55402 (for defendant) James T. Martin, Dan T. Ryerson, Gislason, Martin & Varpness, Pa., 7600 Parklawn Avenue South, Suite 444, Edina, MN 55435 (for appellants)
Considered and decided by Willis, Presiding Judge, Shumaker, Judge, and Mulally, Judge.* * Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art VI, § 10.á
The opinion of the court was delivered by: Shumaker, Judge
Affirmed in part, reversed in part, and remanded
Shumaker, Judge
OPINION
Appellants Brian Hartmann and Hartmann Well Drilling and Service contend that the trial court erred in denying their motion for JNOV or, in the alternative, a new trial; in excluding eyewitness lay-opinion testimony; in improperly instructing the jury on damages; in refusing to give a curative instruction after final arguments; and in improperly awarding pre-verdict interest on future damages. We affirm in part, reverse in part, and remand.
FACTS
As Sara Muehlhauser prepared to make a left turn at an intersection, respondent Kory Erickson's sport utility vehicle collided with the rear of her minivan. The impact propelled the van across an oncoming traffic lane, where it was struck by a truck that appellant Brian Hartmann was driving for appellant Hartmann Well Drilling and Service (Hartmann). The truck was carrying a load of metal pipes. The collision caused some pipes to come loose, and one of them struck van passenger Salina Muehlhauser i
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