 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Banks v. Village Enterprises12/5/2000
. banc 1972), but in Rodenhauser, the jurors were found to have intentionally withheld relevant information, resulting in a presumption of prejudice, which is not the case here. Id. at 234. We defer to the trial court's discretion in determining that no prejudice occurred here.
For these reasons, KFC's first point is denied.
IV. INSURANCE QUESTION
KFC also asserts that the trial court committed reversible error during voir dire because it allowed the Banks' counsel to unduly emphasize the existence of KFC's liability insurance by asking a follow-up question not authorized by the court, by asking the insurance question too near the end of voir dire, and by asking the question as to both American States and Safeco insurance companies. "The 'control of the voir dire is within the discretion of the trial court only an abuse of discretion and likely injury will justify reversal.'" Pollard v. Whitener, 965 S.W.2d 281, 286 (Mo. App. W.D. en banc 1998). "An abuse of discretion occurs when the trial court's ruling is clearly against the logic of the circumstances then before the court, and is so arbitrary and unreasonable that 'it shocks the sense of justice' and indicates a lack of careful consideration." Id.
It is generally improper to inject the issue of liability insurance into an action for damages, and such an injection of insurance "can constitute reversible error, particularly if done so in bad faith." Taylor v. Republic Automotive Parts, Inc., 950 S.W.2d 318, 321 (Mo. App. W.D. 1997). But "not every reference to insurance constitutes reversible error or requires the dis-charge of a jury." Id. In particular, in Ivy v. Hawk, 878 S.W.2d 442 (Mo. banc 1994), our Supreme Court held that a party is entitled to ask at least a preliminary insurance question during voir dire, stating:
'The rule is settled in this state that a plaintiff is entitled to qualify the jurors as to their relations, if any, with insurance companies interested in the result of the trial.' [citation omitted] The trial court has no discretion to deny a party the right to ask the preliminary 'insurance question' if the proper foundation is laid. Id. at 444.
A plaintiff can establish a proper foundation for the insurance question by inquiring of the defendant as to the name of its liability insurer on the record and prior to voir dire, and then limiting its insurance question to that insurer. Id. Here, in the argument portion of its brief, KFC says that Mr. & Mrs. Banks improperly were permitted to ask the jurors about their relationship with two insurance companies, and that this "improperly indicated to the jurors that there was plenty of insurance to satisfy any judgment they may render." Unfortunately, KFC's Point Relied On does not adequately raise this point. It states, in its entirety:
THE TRIAL COURT ERRED IN REFUSING TO GRANT APPELLANT'S REQUEST FOR A MISTRIAL BECAUSE OF RESPONDENTS' IMPROPER VOIR DIRE QUESTIONING REGARDING APPELLANT'S LIABILITY INSURANCE IN THAT RESPONDENTS' VOIR DIRE QUESTIONING UNDULY AND IMPROPERLY EMPHASIZED THE EXISTENCE OF APPELLANT'S LIABILITY INSURANCE DUE TO THE TIMING, WORDING AND NUMBER OF QUESTIONS POSED WHICH THEREBY PREJUDICED THE APPELLANT AND RESULTED IN AN EXCESSIVE VERDICT IN FAVOR OF RESPONDENTS.
This point does not adequately (if at all) raise the issue of asking the question as to two insurers rather than one, and so does not preserve the issue for appeal. Rule 84.04; Coleman v. Gilyard, 969 S.W.2d 271, 274 (Mo. App. W.D. 1998) (insufficient Point Relied On, which cannot be understood without resorting to the record or the argument section of the brief, preserves nothing for appellate review).
<
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|