 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Butler v. Neace5/30/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Amanda Butler appeals from an adverse jury verdict and judgment of the Campbell Circuit Court entered on November 16, 2001. Butler filed suit for damages for injuries she sustained when the automobile she was driving was struck by a vehicle operated by the appellee, Polley Neace. Butler contends that the trial court erred to her substantial prejudice by failing to instruct the jury on her claim for future pain and suffering and by failing to declare a mistrial based on her allegations of juror misconduct. As we disagree with those contentions, we affirm.
On November 6, 1998, Butler and Neace were traveling in separate vehicles on U.S. 27 in Campbell County, Kentucky. Neace's vehicle collided with Butler's, and Butler sustained personal injury . Butler filed this personal injury action against Neace on September 11, 2000. When trial began on October 29, 2001, Neace stipulated as to liability. Following the close of evidence and a short period of deliberation, the jury found unanimously that Butler had not incurred more than $1,000.00 in reasonably necessary medical expenses nor had she sustained a permanent bodily injury as required by the"no fault@ provision of KRS Chapter 304. Consequently, damages were not considered. The trial court entered judgment on November 16, 2001.
On November 26, 2001, nearly a month following trial, Butler filed a motion for relief based on juror misconduct and on the trial court's failure to include a jury instruction related to the damages recoverable for future pain and suffering. Attached to the motion was the affidavit of Sherrie Butler, the appellant's mother and a trial witness.
In the affidavit, Sherrie indicated that on October 29, 2001, she had engaged in a short conversation with a woman (later identified as Linda Schlosser) in a courthouse hallway.
Sherrie averred that the conversation was initiated by Schlosser and that it occurred before the trial began -- although it is not clear whether it occurred before or after voir dire and the swearing of the jury. Sherrie's affidavit set forth the following recitals:
4) I told her [Schlosser] I was there for my daughter's trial, that my daughter was in a car wreck and the insurance company now pay (sic) her for the injuries.
5) Ms. Schlosser made a comment to the effect that sounds like an insurance company.
6) At that point, there was no further conversation.
7) I reported this to my daughter's attorney Randy A. Byrd on November 1, 2001.
Linda Schlosser served as the foreperson of the jury that returned the defense verdict. The appellant's attorney did not report the exchange to the court at any time prior to filing the motion for relief.
The appellee responded with Schlosser's affidavit. Schlosser admitted that she had engaged in a short conversation with Sherrie Butler during which Butler:
told me that her daughter was involved in the trial. I had absolutely no further conversation with Sherrie Butler. Her boyfriend or husband started talking to her and I did not say anything else to her at any time.
The trial court considered the motion, the arguments of counsel, and the contents of the affidavits. In an order entered January 2, 2002, the court denied Butler's request for relief. This appeal followed.
The appellant contends that the trial court abused its discretion by failing to declare a mistrial based upon juror misconduct. Depending upon the timing of the conversation, the appellant argues that Schlosser either failed to disclose to the court that she had contact with trial witne
Page 1 2 3 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|