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Knowles v. Corkill8/9/2002
[ ] This is a wrongful death action that was decided after a jury trial. Although the alleged tortfeasor, Debora Eileen Corkill (Corkill), was apportioned 52% of the fault for the accident resulting in Lynn Rae Knowles' death, no monetary damages were awarded. In appeal number 00-254, Lynn's father, Clark Tyler Knowles (Knowles), acting in his capacity as the personal representative appeals certain evidentiary rulings made during trial and the denial of a motion for a new trial based upon an inconsistent verdict. In appeal number 00-255, Corkill appeals an evidentiary ruling that potentially affected the apportionment of fault. We find no error in the holdings of the trial court as alleged in appeal number 00-254. Because no monetary damages were awarded, appeal number 00-255 is dismissed as moot.
ISSUES
[ ] Knowles, as appellant in appeal number 00-254, presents the following issues:
A. Did the District Court err when it refused to admit evidence of the effects of their mother's disappearance and death upon Cassandra Ulmer and Chad Ulmer?
B. Did the District Court err in refusing to admit evidence of counseling, and the sense of loss and abandonment experienced by Chad and Cassandra Ulmer as a result of their mother's disappearance and death?
C. Did the District Court err in refusing to admit evidence of emotional distress of Lynn Knowles' survivors?
D. Did the District Court err in overruling plaintiff's objection to an inconsistent verdict for failure to award damages?
E. Did the District Court err in denying plaintiff's motion for a new trial?
Appellees restate the issues as:
1. The case law, principles of statutory construction, and logic, all support the trial court's application of the Wyoming Wrongful Death statute.
2. The testimony of Dr. Shilling was irrelevant, without foundation, and speculative; the trial court appropriately exercised its discretion in limiting her testimony.
3. The jury applied both the law and the facts of the case in determining that the plaintiff, Clark Knowles, who sought reimbursement for disinterment and a funeral service, was not entitled to the same.
In the cross-appeal, appeal number 00-255, appellant Corkill challenges the introduction of certain evidence relating to her alleged blood alcohol level at the time of the accident.
FACTS
[ ] Lynn Knowles, the decedent, grew up in Iowa. She married Randy Ulmer shortly after her eighteenth birthday in 1977. Lynn and Randy had two children: Cassandra, born in 1977; and Chad, born in 1978. At Lynn's instigation, Lynn and Randy separated in August 1979 and were divorced in January 1980. Originally upon their separation, Lynn had physical custody of the children. A strike occurred at Randy's workplace so he was able to help take care of the kids during the day. In December 1979, Randy got a new job and was no longer able to help care for the children. Within a couple of weeks, just before Christmas 1979, Lynn asked Randy to take physical custody of the children. He agreed to take the children, and Lynn never had physical custody of the children after that time.
[ ] Although Randy had physical custody of the children at the time of the divorce in January 1980, the divorce decree granted legal custody of the children to Lynn. That arrangement, however, did not last long. In March 1980, Lynn asked Randy to assume legal custody of the children because she was thinking about joining the Navy. Randy assumed legal custody, but Lynn never did enlist. Nor did she ever attempt to regain legal or physical custody of the children. Over t
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