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Cole v. Warren County R-III School District6/6/2000
Appeal From: Circuit Court of Warren County, Hon. Edward D. Hodge
Opinion Vote: AFFIRMED. Crane, P.J., and Sullivan, J., concur.
Opinion:
Warren County R-III School District (the School District) and John Bass appeal from a judgment entered upon the jury verdict in a personal injury action filed by Jamie Cole, by and through her Mother and Next Friend, Carla Cole, and Carla Cole, individually. The School District and John Bass admitted liability, and in a trial for damages, the jury found Jamie Cole's damages for her personal injuries were $150,000 and Carla Cole's damages for injury to her child were $75,000. The School District and John Bass allege the trial court erred in (1) denying their motion for mistrial when evidence of the Coles' financial condition was improperly injected, (2) denying their motion for mistrial when statements regarding attorney's fees were made during closing arguments, (3) allowing a verdict that is against the weight of the evidence, and (4) failing to reduce the total judgment to the statutory maximum for John Bass. We affirm.
The Coles brought an action for damages against the School District and John Bass for personal injuries. Liability was not in dispute, only the Coles' damages. The evidence showed that a school bus driven by John Bass left the road and rolled over several times before coming to a stop. Jamie Cole, age 13 at the time of the accident, was in the bus and was thrown to the floor, into the emergency door, then to the roof and the window before she blacked out. Jamie had multiple injuries and received stitches in her lip, legs, head, gums, arms, and elbow. She was missing two teeth, and a bone protruding from her gums had to be clipped and stitched. She later reported low back pain and still has pain and disability with her back.
In order to replace Jamie's teeth with false teeth, it was necessary that her other teeth be straightened. After her teeth are aligned, Jamie will need a bone graft from her hip to replace the bone that was removed after the accident. Then a titanium plate will be inserted to hold the replacement teeth. Finally, pegs will be inserted into the plate and false teeth will be made and then attached. The false teeth will need to be replaced every twelve to twenty years. The whole procedure is expected to take about three years.
At trial, there was evidence on the issue of damages. The jury found in favor of Jamie Cole and assessed her damages for her personal injuries at $150,000. The jury also found for Carla Cole and assessed her damages for injury to her child at $75,000. A motion for new trial and a motion to reduce the jury verdict were made. The trial court denied the motion for new trial. The trial court reduced the judgment against the School District to $100,000 pursuant to Section 537.610, RSMo 1994, but denied John Bass's motion to reduce. This appeal follows.
In their first point, the School District and John Bass argue the trial court erred in denying their motion for mistrial when evidence of the Coles' financial condition was improperly injected at trial. A mistrial is a drastic remedy, and the decision to grant one for misconduct or the introduction of prejudicial evidence is largely within the discretion of the trial court. Letz v. Turbomeca Engine Corp., 975 S.W.2d 155, 169 (Mo. App. W.D. 1997). The trial court is better able to determine the prejudicial effect of the improper evidence and to determine whether any resulting prejudice can be ameliorated by less drastic means than declaration of a mistrial. Id. at 169-70. We will reverse only when there has been a manifest abuse of discretion. Id. at 170. To establish manifest abuse, there
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