No Jury Misconduct Shown
Remedy for jury error depends on cause—new trial for misconduct and remittitur for honest mistake. Damage award for wrongful death of parent must include relationship with plaintiff, and appellant failed to show that excluded evidence, that decedent was disappointed with plaintiff, was relevant to plaintiff’s loss. Appellants did not show that plaintiff’s arguments caused, and jury inquiry demonstrated, jury misconduct as to calculation of damages.
J.E. EVANS, JR., and MAMIE CHILDS, Plaintiffs-Respondents vs. FIRSTFLEET, INC., and ADARA L. SMITH, Defendants-Appellants
Missouri Court of Appeals, Southern District – SD30624