Brown v. Poetz

201 S.W.3d 76, 2006 Mo. App. LEXIS 1337, 2006 WL 2597303
CourtMissouri Court of Appeals
DecidedSeptember 12, 2006
DocketNo. ED 87139
StatusPublished
Cited by3 cases

This text of 201 S.W.3d 76 (Brown v. Poetz) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Poetz, 201 S.W.3d 76, 2006 Mo. App. LEXIS 1337, 2006 WL 2597303 (Mo. Ct. App. 2006).

Opinion

CLIFFORD H. AHRENS, Presiding Judge.

Robert Poetz, D.O. (“Dr. Poetz”) appeals the trial court’s grant of the motion of Elcille Brown (“plaintiff’) for a new trial, following a jury verdict in Dr. Poetz’s favor. Poetz claims the trial court erred in granting plaintiff a new trial on the basis of the admission of testimony concerning Dr. Poetz’s family status. We reverse and remand for reinstatement of the jury verdict.

Dr. Poetz provided medical care for plaintiffs daughter (“decedent”) in 1999. She died in September 1999, and plaintiff ultimately filed a wrongful death cause of action on behalf of herself and decedent’s two minor children. Plaintiff alleged that Dr. Poetz was negligent in failing to diagnose and treat decedent’s tuberculosis, and he was negligent in failing to notify decedent of the fact that she had tuberculosis. The cause was tried before a jury. After a nine-day trial at which a significant amount of medical testimony was introduced, the jury returned a verdict in favor of Dr. Poetz. Plaintiff filed a motion for new trial. The trial court found that “the verdict was not against the manifest weight of the evidence so as to warrant a new trial,” and denied fifteen of plaintiffs sixteen claims. The court nevertheless granted a new trial on the basis of plaintiffs claim that the court improperly admitted evidence of Dr. Poetz’s family status. Dr. Poetz now appeals.

Both of Dr. Poetz’s points relied on assert error in the trial court’s decision to grant plaintiffs motion for new trial based upon the admission of evidence of Dr. Poetz’s family status. At trial, the following testimony was elicited during direct examination of Dr. Poetz:

Q.: Do you have children?
A.: I have children. I have eight children.
Q.: Are some of those adopted children?
COUNSEL FOR PLAINTIFF: That’s not relevant to anything in this case. His family or children has nothing to do with this.
COURT: Overruled. Doctor, I’ll ask you to use that microphone if you would, please.
A.: My wife and I had two natural children when I was in college and medical school. Following that we subsequently adopted three additional children during the next six years. That made five. We have adopted three grandchildren, two of which whose mother had died when they were infants, and so I understand the things that [plaintiff] is going through, and another child, another grandchild we have adopted. So we have a total of eight children. We still have three of those children. We still have three of those children at home and one is eleven and the other two are late teenagers.

Pursuant to Missouri Supreme Court Rule 78.01, the trial court “may grant a new trial of any issue upon good cause shown.” Where the trial court grants a motion for new trial, we will not reverse the trial court’s ruling unless there has been a clear abuse of discretion. Guzman v. Hanson, 988 S.W.2d 550, 554 (Mo.App.1999) (citations omitted). The trial court abuses its discretion when the ruling is so clearly against the logic of the circumstances that it shocks the sense of justice. Id. If reasonable people differ [79]*79regarding the propriety of the trial court’s actions, it cannot be considered an abuse of discretion. Id. “ ‘While appellate courts are more liberal in upholding the grant of a new trial than in denying it, the error complained of still must be prejudicial to the party seeking the new trial.’ ” Id.; {quoting Giddens v. Kansas City Southern Ry. Co., 937 S.W.2d 300, 303 (Mo.App.1996)).

In his first point on appeal, Dr. Poetz claims that the court erred because no prejudice resulted from the admission of the testimony. Specifically, Dr. Poetz argues that the reference to his family status was a singular, brief reference in the context of significant testimony over the course of a nine-day trial.

In its order granting the motion for new trial, the trial court noted that the general rule is that in an action for personal injury, evidence of a party’s family status is inadmissible as irrelevant. Williams v. McCoy, 854 S.W.2d 545, 557 (Mo.App.1993); (citing Lewis v. Hubert, 532 S.W.2d 860, 868 (Mo.App.1975); see also Donze v. Swofford, 368 S.W.2d 917, 921 (Mo.App.1963)). Such evidence is generally calculated to appeal to the sympathy of the jury. Id. However, even though such evidence is inadmissible, it does not always constitute reversible error. Bush v. Anderson, 360 S.W.2d 251, 255 (Mo.App.1962) (citation omitted). The admission of such evidence will only be considered reversible error where it appears that such evidence affected the merits of the case. Id.

In granting plaintiff’s motion for new trial, the trial court did state that it “cannot find that Defendant Poetz’s statements regarding his family status and his empathy with decedent’s mother did not affect the merits of the case, because it evoked the sympathy of the jury.” However, in light of the substantial medical testimony presented over the course of the nine-day trial, we believe the court abused its discretion in reaching this conclusion.

As previously noted, on direct examination, Dr. Poetz testified that he had several children, some of whom were his adopted grandchildren. However, this was the only reference in his testimony, which spanned more than 200 pages in the transcript. This was also the only reference throughout the entire trial, which lasted nine days.

During trial, significant medical testimony was presented. Decedent had a history of medical issues, beginning with her diagnosis of scleroderma, a disorder affecting the connective tissues of the skin and which ultimately can involve the organs and lungs. Dr. Poetz treated decedent while she suffered from this disease and its complications. Ultimately, decedent developed pneumonia, and subsequently tuberculosis. The failure to diagnose and treat decedent’s tuberculosis was the subject of the suit.

Plaintiff called four expert physicians to testify regarding standard of care, causation, and damages. Each of plaintiffs experts provided significant medical testimony regarding what they believed were Dr. Poetz’s deviations from the standard of care in his diagnosis and treatment of decedent. Plaintiff also read portions of depositions of other physicians and witnesses at trial 1 Dr. Poetz provided testimony of several expert physicians of his own regarding standard of care, causation, and damages. Testimony was presented from specialists in infectious disease, internal medicine, rheumatology, and pulmonology. Each of these experts stated that Dr. Poetz’s care and treatment of decedent [80]*80met the standard of care. Dr. Poetz himself testified regarding the medical treatment he provided to decedent, as did plaintiff. Testimony was also presented from one of decedent’s treating physicians.

Dr.

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Bluebook (online)
201 S.W.3d 76, 2006 Mo. App. LEXIS 1337, 2006 WL 2597303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-poetz-moctapp-2006.