Negligence: Auto Accident – Damages – New Trial Motion

Stephanie Maniscalco//March 8, 2012

Where a plaintiff, who was awarded $15,000 for damages after he was injured in an auto accident, argued that the trial court abused its discretion in allowing defense counsel to question him and his doctors about his prior low-back injury and treatment, alleging that because he did not plead a low-back injury, the evidence was irrelevant, there was no abuse of discretion because the plaintiff opened the door to the evidence during his own direct examination, and the court also did not abuse its discretion in denying plaintiff’s motion for a new trial, or addititur in the alternative, because he did not show that the jury’s verdict was shockingly inadequate.

Judgment is affirmed.

Lewey v. Farmer (MLW No. 63386/Case No. SD31388 – 10 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed from circuit court, Phelps County, Sheffield, J. (Matthew J. Devoti, St. Louis, for appellant) (Deborah Bell Yates, St. Louis, for respondent).

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