Heflin v. Merrill

154 So. 3d 887, 2013 WL 5614290, 2013 Miss. App. LEXIS 688
CourtCourt of Appeals of Mississippi
DecidedOctober 15, 2013
DocketNo. 2012-CA-00663-COA
StatusPublished
Cited by6 cases

This text of 154 So. 3d 887 (Heflin v. Merrill) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heflin v. Merrill, 154 So. 3d 887, 2013 WL 5614290, 2013 Miss. App. LEXIS 688 (Mich. Ct. App. 2013).

Opinions

JAMES, J.,

for the Court:

¶ 1. Cheri Heflin appeals the decision of a jury in the Harrison County Circuit Court awarding her $32,500 in damages for injuries sustained in a vehicle accident. Arguing that she was entitled to $76,000, she appeals, raising four issues: (1) the circuit court erred in granting Nationwide Insurance Company’s motion in limine and excluding from evidence Nationwide’s name and the existence of Heflin’s uninsured-motorist policy, but permitting counsel for Nationwide to participate in the trial; (2) the circuit court erred in excluding testimony regarding the speed at which Stephen Merrill was traveling at the time of the accident; (3) the circuit court erred in excluding statements made by Merrill to Heflin’s husband, Mike Heflin, immediately following the accident; and (4) the circuit court erred in denying Hef-lin’s motion for a new trial due to cumulative errors. Upon review, we And no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. On January 21, 2005, Mike was driving his 2005 Ford F-150 truck with his wife, Heflin, in the passenger seat. While the Heflins were at a complete stop, Merrill hit the Heflins’ truck from behind. Merrill was driving a 2004 Mercedes ML 350 SUV owned by Frank Ciuffetelli. Ci-uffetelli’s SUV was covered by an Allstate insurance policy. The Heflins’ truck was covered by an uninsured/underinsured motorist (UM) policy, with Nation-wide.

¶ 3. On August 29, 2007, Heflin filed a complaint against Merrill and/or Merrill’s estate,1 Nationwide, and Ciuffetelli. Hef-lin alleged that Merrill was liable due to his negligent operation of the vehicle. She further alleged that her insurance provider, Nationwide, was liable under the provisions of the UM clause of her policy. Finally, Heflin alleged that Ciuffetelli was liable under a theory of negligent entrustment and/or respondeat superior because he owned the vehicle that caused the accident and had allegedly given Merrill permission to use the vehicle.2

114. According to Heflin, she suffered from temporomandibular joint disorder (TMJ) as a result of the accident. Heflin claims that she presented evidence that her out-of-pocket medical bills were $40,000, and that she anticipated $100,000 in future medical bills. On February 5, 2010, Nationwide filed its designation of an expert witness, which was subsequently joined by Merrill’s estate and Ciuffetelli, designating Robert T. Watts, DMD., as an expert. On February 10, 2010, Heflin filed her designation of expert witnesses, designating the following experts: Dr. Elmer Gaudet Jr., Helfln’s treating orthodontist; and Dr. Edward Boos, DDS, Heflin’s treating dentist and oral surgeon.

¶ 5. On October 3, 2011, Nationwide filed a motion in limine, which stated:

Nationwide ... has offered to stipulate [that] the policy made the subject of this suit was in full force and effect at the [890]*890time of the subject accident and that it will be responsible for payment of any final judgment in excess of the liability coverage limit of [Merrill’s estate]. The existence of the Nationwide ... policy would have no relevance to any issue to be decided by the jury and should therefore be excluded under Mississippi Rule[s] of Evidence 402, 403, and 411.

On October 5, 2011, the circuit court granted Nationwide’s motion in limine, prevent ing any mention to the jury of Nationwide’s presence as a party to the lawsuit and any mention of the existence of the Heflins’ UM policy with Nationwide. On October 6, 2011, the parties entered into a stipulation, which read:

The parties agree and stipulate as follows:

At the time of the accident, [Heflin] was insured by [Nationwide.] She maintained, through her husband, ... an uninsured motorist (UM) policy with a policy limit of up to $600,000.00. Additionally, [Merrill] at the time of the accident qualified as an owner or occupier of an under insured motor vehicle and that any final judgment for [Heflin], if any, in excess of the insurance carrier by [Merrill], if any, would be the responsibility of [Nationwide] up to the policy limits of $600,000.00.

This stipulation was signed by counsel for each party and the circuit court judge.

¶ 6. On October 6, 2011, a trial was held on damages only. Heflin sought $76,000 in damages. On October 7, 2011, the jury-returned a $32,500 verdict for Heflin. On October 14, 2011, the circuit court entered a judgment on the jury’s verdict, awarding Heflin $32,500, plus eight percent interest per year until paid.

¶ 7. On October 25, 2011, Heflin filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, for an additur or a new trial. She argued that the jury’s verdict of $32,500 did not fairly represent the evidence presented and evinced prejudice, passion, or bias. The motion was denied. Heflin now appeals.

DISCUSSION

I. Whether the circuit court erred in granting Nationwide’s motion in limine, preventing disclosure to the jury of Nationwide’s name and the existence of Heflin’s UM policy through Nationwide, but permitting counsel for Nationwide to participate in the trial.

¶ 8. This Court “will reverse [the circuit] court’s denial or grant of a motion in limine only if the court abused its discretion in denying or granting the motion.” Wright v. Royal Carpet Servs., 29 So.3d 109, 115 (¶ 13) (Miss.Ct.App.2010). When granting a motion in limine, the circuit court must first find the following two factors present: “(1) the material or evidence in question will be inadmissible at a trial under the rules of evidence; and (2) the mere offer, reference, or statements made during trial concerning the material will tend to prejudice the jury.” Id. (quoting Whittley v. City of Meridian, 530 So.2d 1341, 1344 (Miss.1988)).

¶ 9. Under Rule 401 of the Mississippi Rules of Evidence, “‘[relevant evidence’ means evidence having any 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.” Further, “[a]ll relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of the State of Mississippi, or by these rules. Evidence which is not relevant is not admissible.” M.R.E. 402. However, “[a]lthough relevant, evidence may be excluded if its probative value is [891]*891substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” M.R.E. 403.

¶ 10. In the case before us, the Mercedes driven by Merrill was insured by Allstate. Nationwide was named as a defendant in the suit because it provided UM coverage to the Heflins. Nationwide filed a motion in limine to exclude any mention of Nationwide’s presence as a party to the lawsuit and to exclude the existence of the Heflins’ UM policy with Nationwide. In support of its motion in limine, Nationwide noted the stipulation agreed to by the parties, which stated “that any final judgment for [Heflin], if any, in excess of the insurance carrier by [Merrill], if any, would be the responsibility of [Nationwide] up to the policy limits of $600,000.00.”

¶ 11. After hearing arguments from both sides, the circuit court granted Nationwide’s motion in limine, finding as follows:

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Related

Foremost Insurance Company v. Charles Pendleton
675 F. App'x 457 (Fifth Circuit, 2017)
Cheri W. Heflin v. Stephen Merrill
154 So. 3d 857 (Mississippi Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
154 So. 3d 887, 2013 WL 5614290, 2013 Miss. App. LEXIS 688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heflin-v-merrill-missctapp-2013.