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Collins v. Hertenstein9/3/2002
award. Certainly a critical factor is the degree of malice or outrageousness of the defendant's conduct. State ex rel. St. Joseph Belt Ry. Co. v. Shain, 108 S.W.2d 351, 356 (Mo.1937). In addition, aggravating and mitigating circumstances may be considered not only under the wrongful death statute, but in all other cases involving punitive damages. Beggs[ v. Universal C. I. T. Credit Corporation], 409 S.W.2d [719,] 724 [Mo. 1966)].
Furthermore, evidence of a defendant's financial status is admissible as an indication of the amount of damages necessary to punish the defendant. Id. at 724. Among other relevant factors are: the age of the injured party, State ex rel. St. Joseph Belt Ry. Co., 108 S.W.2d at 356; the character of the defendant, Maugh v. Chrysler Corp., 818 S.W.2d 658, 662 (Mo.App.1991); and the character of the injured party, Holcroft v. MKT RR Co., 607 S.W.2d 158, 164 (Mo.App.1980). See also, Moore v. Missouri-Nebraska Exp., Inc., 892 S.W.2d 696, 714 (Mo.App.1994), for a compilation of factors. Id. at 849-50.
In Call, the wrongful death action was a court-tried case; therefore, the separation of factors between the jury and the court would not have been at issue. The court held, "Missouri's requirements for the imposition of punitive damages, in conjunction with the various factors that may be considered, satisfy the due process concerns[.]" Id. at 850.
The court noted, however, that the defendant did not bring a claim that the punitive damage awards were excessive. Id. This court's recent decisions also hold that the additional factors, including the injured party's character, is an issue for the courts--not juries--for reviewing whether or not punitive damage awards were excessive. Barnett, 963 S.W.2d at 666; Letz, 975 S.W.2d at 178. In Barnett, this court noted, "To supplement the requirements . . . for the imposition of punitive damages, the courts of this state have identified a variety of factors, a nonexclusive list, that should be considered in determining whether the trial court abused its discretion in not further remitting the jury's punitive award." Barnett, 963 S.W.2d at 666. The Barnett court listed character of the injured party as one of those factors. Id. In Letz, the court noted that in reviewing a punitive damages award for excessiveness, the courts have considered the additional factors, including character of the injured party, in determining the propriety of the punitive damages award. Letz, 975 S.W.2d at 177-78.
We agree, therefore, with the circuit court's decision to disallow the evidence of Wilson's and his parents' character to be presented to the jury. The circuit court should be mindful, however, on the retrial of the punitive damages issue, that it may consider evidence concerning the character of the injured parties, along with other evidence, if punitive damages are awarded and the officers seek a review of the award by a motion for remittitur. The officers next contend that the circuit court abused its discretion when it refused to allow separate trials for each of the officers. We disagree. The decision of whether claims should be tried separately or jointly is within the circuit court's discretion of the circuit court, and we will not disturb its ruling unless we discern that it abused its discretion. Guess v. Escobar, 26 S.W.3d 235, 239 (Mo. App. 2000).
Rule 66.02 grants the circuit court the authority to grant separate trials "in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy," but this authority is a matter of discretion. "The policy of the law[,]" however, "is to try all issues arising out of the same occurrence or series of occurren
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