Cheri W. Heflin v. Stephen Merrill

154 So. 3d 857, 2014 Miss. LEXIS 558, 2014 WL 5768585
CourtMississippi Supreme Court
DecidedNovember 6, 2014
Docket2012-CT-00663-SCT
StatusPublished
Cited by12 cases

This text of 154 So. 3d 857 (Cheri W. Heflin v. Stephen Merrill) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cheri W. Heflin v. Stephen Merrill, 154 So. 3d 857, 2014 Miss. LEXIS 558, 2014 WL 5768585 (Mich. 2014).

Opinions

ON WRIT OF CERTIORARI

DICKINSON, Presiding Justice,

for the Court:

¶ 1. The plaintiff in this automobile-accident lawsuit sued her underinsured-motorist insurance carrier. Even though the UM carrier admitted liability and agreed to pay any damages awarded at trial that exceeded available liability coverage, the plaintiff insisted on informing the jury of the insurance company’s status as a defendant. The trial judge refused to allow it. We affirm.

FACTS AND PROCEDURAL HISTORY

¶2. Stephen Merrill crashed into the back of Cheri and Mike Heflin’s automobile. Cheri sued Merrill’s estate1 and her underinsured-motorist carrier, Nationwide Insurance Company. Before trial, Nationwide admitted liability and offered to stipulate in writing that Cheri was an insured under its policy, and that it would be responsible for payment of a final judgment in .excess of Merrill’s liability coverage. Nationwide then moved to exclude any reference before the jury to its role, and to exclude any evidence that Cheri’s car had underinsured motorist coverage. The trial granted the motion, finding that

[wjhether or not UM coverage exists is not relevant. And it’s the court’s opinion that introducing- that issue along with the existence of Nationwide Insur-anee Company to the jury would poten[860]*860tially prejudice that jury as to a determination of damages.

¶3. During the trial, the judge sustained two defense evidentiary objections to Merrill’s statement about being sorry for the accident and Mike’s opinion about how fast Merrill’s car was going.

¶ 4. Mike was prepared to testify that after the accident Merrill said, “God, I’m sorry, it was my fault.” The defense made a hearsay objection and the trial judge ultimately sustained the objection. The trial judge acknowledged that the statement was not hearsay2 but still excluded it, because “the person who made the statement is now deceased and [ ] the defendant has admitted liability, I feel the statement, if introduced to the jury, will serve only to inflame and confuse as to the issues.”

¶ 5. Mike also was prepared to give his opinion of Merrill’s speed before the accident. The plaintiff argued that Mike was uniquely qualified to give this lay opinion based on his “experience in [ ] dealing with wrecks in the past in the process of pursing claims in his role as a Nationwide auto insurance agent,” and as a result of the “many wrecks he’s been involved in and how many claims he’s filed.” The trial judge also excluded this testimony.

¶ 6. After the jury awarded Cheri $32,-500 — well under Merrill’s liability policy limits — Cheri filed a motion for a new trial or additur. The trial court denied the motions.

¶ 7. Cheri appealed, arguing that the trial court erred by not disclosing Nationwide’s identity, sustaining the two eviden-tiary objections, and not granting the post-trial motions. The Court of Appeals affirmed, finding that “there was no reason for the jury to consider the Nationwide UM policy,” and “[ajdmitting such evidence could only serve to possibly inflate or deflate a verdict or confuse the jury.”3 Because the issue of revealing a UM carrier’s role as a defendant and involvement in a case has been the subject of debate among the bench and bar, we granted certiorari to address the issue along with the other evidentiary rulings and denial of the post-trial motions.

ANALYSIS

¶ 8. The main issue presented is one of first impression in Mississippi. There is debate among members of our Bar as to whether informing the jury of an uninsured-or underinsured-motorist carrier’s role as a party is required, and whether the fact of that role is evidence, or simply a matter within the purview of a trial judge in controlling the courtroom and trial. We hold that it is both.

I. The trial court properly excluded Nationwide’s identity and role in the trial.

¶ 9. This Court reviews a trial court’s exclusion of evidence under an abuse-of-discretion standard, and where we find a trial court has erred, we will not reverse unless the error adversely affects a party’s substantial right.4

A. Purpose and Relevance of Nationwide’s Role

¶ 10. To be admissible in its role as evidence, the fact of Nationwide’s role [861]*861in this case required some demonstration of relevance.5 Evidence is relevant only where it has a “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be ■without the evidence.”6

¶ 11. The admissibility of all evidence begins with an examination of its purpose. We are unable to discern the purpose or relevance of Nationwide’s role, and it is noteworthy that Cheri suggests no purpose or theory of relevance for us to analyze. Indeed, where insurance is concerned, our rules of evidence provide that “[e]vidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully.”7 And it is “well established in this state that evidence of insurance or lack thereof may not be presented at a trial to show who would have to pay the judgment.”8 For example, we have held that an uninsured defendant is prohibited from telling the jury that he or she lacks insurance and would have to pay any judgment.9

¶ 12. We agree with the view of the Supreme Court of New Jersey that, “in the context of a [underinsured motorist] trial, in which the circumstances of the underlying accident are the focus, ... the insurer’s identity is ordinarily irrelevant,” and “[w]hether the jury knows the under-insured motorist insurer’s identity should have no impact on its evaluation of the extent of the plaintiffs injuries.”10 This reasoning is highly persuasive. Other courts, including those in Virginia, have followed New Jersey’s approach under similar circumstances.11

¶ 13. The only issue in this case was the amount of Cheri’s damages. We see no reason for the jury to be informed of Nationwide’s role as Cheri’s underinsured motorist insurer. This information would have been of no help in deciding the issues before the jury; indeed, the trial judge would have risked a mistrial by allowing the plaintiff to use insurance to prove the defendant’s negligence.12

¶ 14. We find Nationwide’s role in this case — insofar as the jury was concerned — was irrelevant. And, although irrelevant evidence occasionally finds its way into the record, it is never admissible un[862]*862der the Mississippi Rules of Evidence.13

B. Application of the Rule 403 Balancing Test to Nationwide’s Role

¶ 15. Even if Nationwide’s role had some minimal theory of relevance, it nevertheless properly would have been excluded under Rule 403, which requires exclusion of relevant evidence

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Cite This Page — Counsel Stack

Bluebook (online)
154 So. 3d 857, 2014 Miss. LEXIS 558, 2014 WL 5768585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheri-w-heflin-v-stephen-merrill-miss-2014.