 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Redfield v. Beverly Health & Rehabilitation Services1/30/2001
e said that the trial court abused its discretion. Id.
Aequitron maintains that its interrogatory answer was accurate and responsive, in that the question did not inquire as to EMI testing on the ventilator that did not result in the warnings and cautions in the manual, and therefore it was not required to disclose such results. The trial court did not seem to think Aequitron's answer was responsive to Appellant's interrogatory, as it excluded Aequitron's evidence that the LP10 ventilator performed adequately during EMI testing. The trial court may, in the sound exercise of its discretion, admit or exclude evidence challenged in trial on the basis that it was undisclosed in answers to interrogatories. State ex rel. Missouri Highway and Transp. Comm'n v. Vitt, 785 S.W.2d 708, 712 (Mo. App. E.D. 1990). We do not find that the trial court abused its discretion in finding that Aequitron's answer to Appellant's interrogatory no. 5 was deficient. Point two is denied.
In its third point, Aequitron argues the trial court erred in not granting Aequitron's motions for directed verdict and judgment notwithstanding the verdict because there was no substantial evidence to establish that the ventilator was allegedly defective or that there was a causal relationship between the alleged defects in the ventilator and Jones's death in that: (1) there was no substantial evidence that the alleged susceptibility to EMI or the age and complexity of the microprocessor rendered the ventilator defective or unreasonably dangerous or caused it to fail; and (2) there was no substantial evidence that an independent backup system or an independent robotic monitoring system would have prevented Jones's death.
This argument is the same as that presented in Aequitron's point one. For the reasons stated in our discussion of Aequitron's point one, point three is denied.
In its fourth point, Aequitron argues that the trial court erred in not entering a remittitur order because the jury's $2,000,000 damages award far exceeds any amount supportable by the evidence and far exceeds fair and reasonable compensation in that: (1) there was no evidence of any pecuniary or economic loss; (2) the substantial compensatory damages award for Jones's death necessarily represents compensation for Appellant's loss of companionship; (3) Jones was under permanent medical care and had a life expectancy of ten years; and (4) the award is excessive when compared with awards given and approved in comparable Missouri wrongful death cases.
The trial court has broad discretion in ordering remittitur, and its decision whether or not to reduce damages will not be disturbed on appeal absent an abuse of discretion "so grossly excessive that it shocks the conscience and convinces this court that both the trial judge and the jury have abused their discretion." Botanicals on the Park, Inc. v. Microcode Corp., 7 S.W.3d 465, 470 (Mo. App. E.D. 1999) (quoting King v. Unidynamics Corp., 943 S.W.2d 262, 268 (Mo.App. E.D.1997)). In reviewing whether a verdict is excessive, we are "limited to a consideration of the evidence which supports the verdict excluding that which disaffirms it." Id., (quoting Smith v. Wal-Mart Stores, Inc., 967 S.W.2d 198, 208 (Mo.App. E.D.1998)). "There is no precise formula for determining whether a verdict is excessive, and each case must be considered on its own facts with the ultimate test being what fairly and reasonably compensates plaintiff for the injuries sustained." Smith, 967 S.W.2d at 208 (quoting Seabaugh v. Milde Farms, Inc., 816 S.W.2d 202, 211 (Mo.1991)).
Section 537.090, entitled, Damages to be determined by jury--factors to be considered, provides for damages in wrongful
Page 1 2 3 4 5 6 7 8 9 Missouri Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|