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Benning v. Moore9/6/2005
In this wrongful-death action arising from an automobile collision, appellant challenges the district court's denial of her motion for a new trial on a number of grounds, arguing that the district court erred by denying her motion because (1) the jury awarded insufficient damages, (2) the district court erred in several of its instructions to the jury, (3) the district court permitted respondent to testify about the facts of the underlying car accident when liability had already been admitted, (4) respondent's counsel made prejudicial arguments and improper remarks to the jury, and (5) the district court excluded certain medical expenses. Because the district court did not abuse its discretion by denying appellant's motion for a new trial, we affirm.
FACTS
On the evening of December 23, 1999, respondent John Moore lost control of his motor vehicle, swerved into oncoming traffic on I-94, and collided with a vehicle driven by Nicole Lynn Benning, who died soon after the accident. Some days later, respondent apologized to the Benning family by letter. Nicole is survived by her parents, grandparents, siblings, and other relatives.
Respondent initially denied liability, but in August 2003, admitted negligently causing Nicole's death. In response, appellant Roxanne Benning, Nicole's mother, moved the district court for summary judgment on negligence and causation. The district court granted the motion, and the wrongful-death case proceeded to trial on the issue of damages alone. Upon granting appellant's summary-judgment motion, the district court clarified that respondent "will be allowed to say that he admits responsibility, and that he takes responsibility" for Nicole's death.
Nicole Benning grew up on a dairy farm in Browerville, Minnesota. She graduated from the local high school in 1996, where she was homecoming queen and active in band, choir, and cheerleading. After high school, Nicole attended a technical college in the St. Cloud area and received a diploma in word processing. In 1998, Nicole moved to the Twin Cities area, where she worked in a variety of secretarial positions.
At trial, a number of family members and friends testified about their close relationships with Nicole and the impact that she had on their lives. Nicole's sister, Beverly Fletcher, explained that she and Nicole "were inseparabl ; we did everything together." She also explained that Nicole was "extremely bubbly, energetic, very outgoing, could brighten up the room. It was amazing, everybody loved her." When their older sister passed away, Beverly testified that Nicole was " rock" and that "without Nicole, couldn't have made it through it."
Nicole's parents testified about their love and affection for their daughter. Nicole's father, Roger Benning, testified that upon Nicole's death, "there so much cheerfulness [that the family] lost." He also explained that with Nicole's death, "i feels like a piece of myself is gone." Roxanne Benning testified that Nicole was "happy, vibrant, always joking[, and] very loving." Nicole also helped her mother obtain her GED. During the last year of Nicole's life, Nicole and her mother spoke on the telephone almost every day and Nicole visited 2-3 times per month. Roxanne Benning testified about the pain and loss she felt over Nicole's death, explaining, "I lost one of my children, and one of my best friends, that I can never be without. . . . I didn't know if it was worth living again, because it's too hard."
On cross-examination, Nicole's parents testified that Nicole "wanted to be self-sufficient" and agreed that she was "on her own financially." Roxanne Benning explained that, from time to time, Nic
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