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St. Paul Property and Liability Insurance Co. v. Eymann8/23/1990
St. Paul Property and Liability Insurance Company (St. Paul) appeals from a judgment entered on a jury verdict determining that Bernard E. Eymann's homeowner's insurance policy provided Eymann with liability coverage for Stan Cusumano's claim against him for injuries suffered when Eymann struck Cusumano in the face. St. Paul additionally appeals from a formal order denying its motion for new trial or judgment notwithstanding the verdict. St. Paul's appeal raises the following issues: (1) whether the trial court erred in permitting Joel Glassman to testify and render opinions regarding Eymann's state of mind and intent; (2) whether the trial court erred in denying St. Paul's motion for directed verdict based on the substance of Glassman's testimony; (3) whether the trial court erred in refusing to instruct the jury concerning the Steinmetz-Clark presumption; and (4) whether the trial court erred in declining to clarify the term "mental derangement" as requested by the jury. We hold that the trial court erred in declining to direct a verdict for St. Paul, and accordingly do not reach the remaining issues.
FACTS AND PROCEDURAL HISTORY
Viewed in the light most favorable to upholding the judgment, the facts are as follows. Cindy Cusumano and Bernard "Sonny" Eymann were married for approximately nine years, and had two children. In January of 1986, Cindy moved out of the Eymann home and into her own apartment in Tempe without warning. Eymann was upset, and over several weeks in January and February, spoke periodically to Cindy
about their marriage. It seemed to Eymann that at that time Cindy was "sitting on the fence" about whether she would continue with the separation.
Stan Cusumano, a professional photographer, was a customer at Snappy Photo Finishing, a business owned by the Eymanns. Although Cindy first met Cusumano in December of 1985, she started seeing him socially after she filed for divorce . Eymann was not aware of this.
Several days before February 20, 1986, Cusumano was at Cindy's apartment helping her hook up her stereo when Eymann came over unexpectedly to talk to Cindy about the status of their marriage. Eymann was surprised to see Cusumano there and asked Cusumano to step outside for a moment, which Cusumano did. Eymann and Cindy had a conversation for a few minutes, then Eymann came out, thanked Cusumano and left.
Cusumano and Cindy arranged to go out to dinner the evening of February 20, 1986. That day, Eymann quit work around 6:00 P.M. and went home and fed the children. Sometime later he drove over to Cindy's apartment even though Cindy had not invited him and was not expecting him.
Cusumano had arrived earlier at Cindy's apartment to take her to dinner. While Cindy was in the bathroom getting ready and Cusumano was in her kitchen getting a glass of water, Eymann knocked on the front door. Cindy went to the window to the left of the front door, looked out and saw Eymann. She neither spoke to him nor answered the door. Instead, she walked back into the bathroom to finish getting ready to go out with Cusumano. Upset, Eymann pounded forcefully on the door and then broke the door open with his shoulder, entering the apartment. Eymann walked over where Cusumano and Cindy were now standing. Eymann was extremely upset, and Cindy and he began shouting at each other. At one point, Eymann asked Cusumano to leave. Eymann testified that Cusumano replied that the apartment was neither his nor Eymann's, and that Eymann was "the one that had no business there and not him." According to Eymann, right after that Cusumano took a step toward Eymann with his hands up as if he
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