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Redfield v. Beverly Health & Rehabilitation Services1/30/2001
Appeal From: Circuit Court of the City of St. Louis, Hon. Edward M. Peek
Opinion Vote: REVERSED WITH DIRECTIONS FOR THE TRIAL COURT TO REINSTATE THE JUDGMENT.
Mooney, P.J., and Simon, J., concur.
Opinion:
Elinor Redfield (Appellant) appeals from the trial court's judgment granting the Motions of Aequitron Medical, Inc. (Aequitron) and Beverly Health and Rehabilitation Services, Inc. (Beverly) for New Trial based on intentional nondisclosure by juror LaDonna Hopper (Hopper). We reverse with directions for the trial court to reinstate the judgment.
Appellant is the mother of decedent Mark Jones (Jones). Jones was a ventilator dependent quadriplegic who lived in a nursing home operated by Beverly. On June 24, 1997, at approximately 7:05 a.m., respiratory therapist Sandra Radford (Radford) began to administer a treatment to Jones at the home. Radford completed this treatment between 8:20 and 8:25 a.m. Radford testified that she checked the ventilator circuit before leaving Jones that morning and that it was functioning properly. At 8:35, nurse Penny Whitaker (Whitaker) entered Jones's room and noticed that Jones was cold, clammy and unresponsive. Radford returned to Jones's room and noticed that Jones's supplemental oxygen tube was lying disconnected on the floor. Appellant was notified that Jones's breathing apparatus had been unplugged for forty-five minutes, and that Jones was experiencing problems and would be transported to the hospital. On June 27, 1997, Jones had no brain activity. Appellant had Jones's life support disconnected and he died on June 27, 1997.
Appellant brought a strict products liability and negligent design action against Aequitron, the designer of Jones's ventilator, and a medical negligence cause of action against Beverly and Radford. The jury returned a verdict in favor of Appellant in the amount of $2,000,000. Aequitron and Beverly filed Motions to View Jury List seeking information about jurors to determine whether or not any of the jurors had failed to disclose information during voir dire. The trial court granted the motions. Aequitron and Beverly then filed Motions for New Trial based on the allegation that six of the twelve jurors had failed to disclose relevant information during voir dire pertaining to prior claims and/or lawsuits. A post-trial hearing was held wherein three of the six jurors were questioned. The trial court granted the Motions for New Trial based on its finding that Hopper intentionally failed to disclose that she was involved in a lawsuit against Bi-State filed in late 1995. Hopper had sustained injuries to her back and neck when she was a passenger on a Bi-State bus that was involved in a collision. The lawsuit settled in April 1996. After all expenses were paid out, including medical expenses and attorney's fees, Hopper received $500 from the settlement.
In her point on appeal, Appellant maintains that the trial court erred in granting the Motions of Aequitron and Beverly for New Trial because the trial court's finding of intentional nondisclosure by Hopper was unsupported by the evidence and testimony.
The trial court's findings regarding whether a juror's explanation for nondisclosure during voir dire is reasonable are given great weight and will not be disturbed on appeal unless the trial court abused its discretion. Brines By and Through Harlan v. Cibis, 882 S.W.2d 138, 139 (Mo.banc 1994). Intentional nondisclosure occurs: 1) where there exists no reasonable inability to comprehend the information solicited by the question asked of the prospective juror, and 2) where it develops that the prospective juror actually remembers the experience or that it was
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