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Banks v. Village Enterprises12/5/2000
Appeal From: Linn County Circuit Court, Hon. Gary E. Ravens, Judge
Opinion Vote: AFFIRMED.
Lowenstein, P.J, and Newton, J., concur.
Opinion:
Village Enterprises, Inc., d/b/a Kentucky Fried Chicken (hereinafter "KFC"), appeals the denial of its Motion for New Trial in a case arising out of a choking incident at its restaurant in Brookfield, Missouri. Respondents Edward Banks and Florence Banks were customers at the restaurant when Mr. Banks choked on a piece of "trussing cord" that the restaurant had left in his chicken. Mr. Banks sued KFC for personal injuries, including depression and post-traumatic stress disorder he allegedly suffered due to the choking incident. Mrs. Banks sued for loss of consortium. On January 29, 1999, the jury returned a verdict for Mr. & Mrs. Banks. The jury assessed 90% fault to KFC, and awarded $150,000 to Mr. Banks, and $50,000 to Mrs. Banks. The trial court entered judgment in accordance with this verdict, awarding $135,000 to Mr. Banks, and $45,000 to Mrs. Banks.
KFC filed its Motion for New Trial on March 1, 1999, alleging that certain jurors failed to disclose relevant information in response to questions on voir dire, resulting in prejudice. It further alleged error in that the court below should have granted a mistrial due to improperly asked "insurance questions" posed by counsel for the Banks during voir dire. Finally, KFC alleged that the trial court erred in allowing an employee of the KFC in Brookfield to testify, over KFC's objection, that she had told Mr. Banks that the company would probably pay any medical bills he incurred as a result of the choking incident. The trial court denied KFC's motion on May 11, 1999. KFC appeals, arguing that the trial court abused its discretion in failing to grant a new trial for the reasons alleged.
Finding no abuse of discretion in any of the respects alleged, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
The evidence at trial, considered in the light most favorable to the verdict, was as follows:
On September 1, 1994, Respondents Edward and Florence Banks were customers at the KFC restaurant in Brookfield, Missouri, owned by Appellant KFC. While eating his meal, Mr. Banks began to choke. He went to Pershing Memorial Hospital, where the doctors determined that he had choked on a piece of "trussing cord" that had been used to bind the chicken he had eaten at KFC that day. That evening, Mr. Banks returned to the KFC and showed the length of cord to Deana Chowning, the assistant shift manager of the restaurant. Ms. Chowning told Mr. Banks that the company would probably pay for any medical bills stemming from the choking incident.
Mr. and Mrs. Banks filed a suit for damages against KFC on September 8, 1997, in the Circuit Court of Linn County, Missouri. They alleged that Mr. Banks choked as a result of KFC's negligence and serving of a defective product, and that this caused him to later develop depression and post-traumatic stress syndrome. Further, Mrs. Banks alleged that the incident caused her a loss of consortium.
At the beginning of voir dire, the court introduced Mr. and Mrs. Banks and asked: " s anyone acquainted with them or had any social, business or professional relationships with them?" Later, counsel for Mr. and Mrs. Banks asked: " o I take it then that there is no one else here who has had a prior relationship of any type even just an acquaintance with Mr. or Mrs. Banks?" No jurors responded that they were acquainted with the Banks.
During voir dire, counsel for the Banks also asked the venire whether they or their immediate family had experienced a choking
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