 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Eltiste v. Ford Motor Co.6/28/2005
.
Plaintiffs likewise did not object to Dr. Corrigan's testimony on the basis that any of it was directed towards causation rather than mitigation. An objection was made when Dr. Corrigan testified about the types of injuries that she believed Mrs. Eltiste would have sustained if she had worn her seat belt in the following exchange:
Mr. Adams [Ford's counsel]: Let's talk about the type of injuries that you believe she would have sustained if she had been wearing a seat belt as opposed to what she actually sustained.
Mr. Mackey [plaintiffs' counsel]: I object to that on the ground that it calls for speculation, Your Honor.
The Court: The objection will be overruled. She may answer.
Dr. Corrigan: Well, had Mrs. Eltiste been properly restrained, I would not have expected any head injury . I would not expect her to have contacted any structures inside of the vehicle with her head.
I also believe that her pelvic fractures more likely than not would not have occurred because you wouldn't -- without the occupant moving forward into the structures in front of her you don't have a mechanism for transmitting that degree of force to the pelvis....
I believe that she likely would have sustained some injuries to her ankles. I think that by wearing a seat belt it may have helped reduce the severity of those fractures, but I think in this accident there still would have been a mechanism to create some fractures to the ankles.
Dr. Corrigan also testified about the injuries she thought Mr. Eltiste would have sustained if he had been wearing a seat belt. Plaintiffs did not object to this testimony. The failure to object preserves nothing for appellate review. Collins, 90 S.W.3d at 100. Dr. Corrigan testified as follows:
Dr. Corrigan: Well, I think that the severity of the facial fractures would have been dramatically reduced. I think that it's still possible that Mr. Eltiste could have contacted the steering wheel even if he had been wearing his seat belt, but I think that the speed and severity of that contact would have been much less than it was.
Basically the seat belt would have slowed him down before he hit the steering wheel. So he still could have sustained bruising and lacerations to his face, perhaps a broken nose, something along those lines, but I would not expect a brain injury nor the severity of fractures he sustained.
In other words, Dr. Corrigan testified that Mr. and Mrs. Eltiste still would have been injured even if they had worn their seat belts properly, which Mrs. Eltiste admitted that she had not done, but that the damages that they suffered would have been lessened, possibly greatly.
The trial court did state that it would have given an oral instruction to the jury prior to Dr. Corrigan's testimony that clearly limited its use by the jury to the mitigation of damages if the jury found Ford liable, if such an instruction had been requested. Dr. Corrigan's testimony was admissible regarding mitigation of damages even if not admissible for causation. If evidence is admissible for one purpose but improper for other purposes, it should be received, subject to a limiting instruction, if requested. Benoit v. Missouri Highway and Transportation Commission, 33 S.W.3d 663, 671 (Mo. App. 2000) (quoting Martin v. Durham, 933 S.W.2d 921, 924 (Mo. App. 1996)). "Upon failing to seek an instruction limiting the purposes for which the evidence may be considered, a party cannot later complain that the jury considered such evidence for the wrong purpose." Id. Plaintiffs did not request a limiting instruction prior to Dr. Corrigan's testimony.
However, p
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|