Negligence: Motor Vehicle Accident-Uninsured Motorist

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Plaintiff appealed from the trial court’s judgment denying her noneconomic damages. The parties were involved in a motor vehicle accident caused by defendant. Defendant opposed plaintiff’s claim for noneconomic damages because plaintiff was uninsured at the time of the accident. The trial court overruled plaintiff’s motion to strike defendant’s defense on grounds that the statute barring uninsured motorists from noneconomic damages was an unconstitutional deprivation of the right to a jury trial.

Where plaintiff agreed to proceed to a bench trial, she effectively waived her constitutional argument that the statutory bar to noneconomic damages infringed upon her right to a jury trial.

Judgment is affirmed.

Bridegan v. Turntine (MLW No. 80118/Case No. SC99700 – 6 pages) (Supreme Court of Missouri, Wilson, J.) Appealed from circuit court, Jackson County, Torrence, J. (Michael L. Sexton, Westwood, KS for appellant) (Robert F. Epperson, Jr., and Arin H. Smith, St. Louis, for respondent)