House v. VOLUNTEER TRANSPORT, INC.

223 S.W.3d 798, 365 Ark. 11
CourtSupreme Court of Arkansas
DecidedJanuary 19, 2006
Docket05-203
StatusPublished
Cited by8 cases

This text of 223 S.W.3d 798 (House v. VOLUNTEER TRANSPORT, INC.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
House v. VOLUNTEER TRANSPORT, INC., 223 S.W.3d 798, 365 Ark. 11 (Ark. 2006).

Opinion

Robert L. Brown, Justice.

Appellant William House appeals from the circuit court’s entry of judgment which awarded him $78,000 in compensatory damages, following this court’s remand in Volunteer Transp., Inc. v. House, 357 Ark. 95, 162 S.W.3d 456 (2004), for a trial on damages. He asserts three points on appeal, none of which has merit. We affirm the circuit court.

On August 7, 2001, House was injured in a motor-vehicle accident in Florida, when his tractor-trailer rig was struck by another truck owned by Volunteer Transport. House filed suit in Arkansas and was granted a default judgment by the circuit court on both liability and damages. The damages awarded were in the amount of $4,835,000.00. This court affirmed the grant of default judgment for purposes of liability, but we reversed and remanded the matter for a trial on damages. See Volunteer Transp., Inc. v. House, supra.

Following remand, a jury trial was held on October 27, 2004, on the issue of damages. The jury awarded House $78,000 in compensatory damages and no punitive damages. It is this judgment that he now appeals.

I. 2000 Demand Letter

House first contends that the demand letter for $3,891,417.05, which his previous counsel wrote on an earlier claim stemming from a separate 1999 accident, negatively influenced the jury in 2004 and created the appearance that he suffered extraordinary injuries in the 1999 accident. He claims that any reference to that letter violated Arkansas Rule of Evidence 408. He adds that no assertion of fact in the letter contradicted any factual assertion made by him at trial in 2004. The prejudice, he maintains, resulting from the letter’s admission was serious. For that reason, he claims that the jury’s verdict should be set aside and he should be awarded a new trial on the damages issue.

We begin by observing that evidentiary rulings are within the sound discretion of the circuit court and will not be disturbed absent a manifest abuse of that discretion. See Ozark Auto Transp., Inc. v. Starkey, 327 Ark. 227, 937 S.W.2d 175 (1997).

In the instant case, House testified at the damages trial that on July 26, 1999, he was involved in an accident in which a drunk driver hit his vehicle. He testified that, as a result of the accident, his wrists were swollen, he had an injury to his right shoulder, the right side of his neck was hurting, he had headaches, and he had a lower-back injury. He further testified that he undertook a course of therapy treatment with Dr. Roshan Sharma from August 17, 1999, until October 13, 1999, during which time he saw the doctor three times each week for heat treatments and electric therapy to his shoulder. He added that during the course of his treatment, he could drive his truck. House further admitted that he was still experiencing some discomfort, such as stiffness and soreness, from March through June 2000 in his wrists and in his neck.

Following the 2001 accident at issue, House testified that he was treated by a chiropractor, Dr. Joseph Young, from August 13, 2001, through September 21, 2001. He testified that as of late September, he was still having problems with his neck and with his right hand, and that on September 17, 2001, he underwent an MRI. He testified that later, he had laser surgery on his neck, and still later, a fusion. He then compared the difference in the pain to his neck area from the 1999 accident and the 2001 accident:

The pain is in the same area. The pain in ’99 was more of a, I believe, a muscular thing. It was something that I —• it interrupted my sleep. But I eventually when [sic] I went to sleep I was able to sleep. Sometime [sic] I had relief from it, sometime [sic] I didn’t. But eventually it did go away. The pain I have now, it gets worse. It’s a stabbing. It is like a toothache all the time. It’s something that won’t let me sleep. If I use my right hand at all, I mean I can use my right hand. I can pick up something with it. But after that I am going to feel it, I mean immediately, so I try not to use it at all. It is a pain that just won’t go away. I don’t know how to describe it. I never had a pain like this before. It is a pain I wish sometimes, like my wife had said, instead I wish I would have died in that accident in the fall. It is not any way for anybody to live and I can’t control it. And it irritates me because there is nothing, there is nothing I can do about it. I have tried everything, I mean everything, and there is no way to reheve it.

On cross-examination, House admitted that in May 2000, he discussed with his family doctor the possibility of going to see a neurosurgeon. He further admitted that in June 2000, he returned for a referral to a specialist because of continuing pain in the right side of his neck to the right shoulder. He agreed that within a week or two of his last treatment with Dr. Sharma on October 13, 1999, he was back on the job. He then admitted hiring counsel to pursue a claim against his insurance company under his underinsuredmotorist provision for the 1999 accident.

Defense counsel next questioned House, over his objections, about a demand letter which his attorneys sent to his insurance company in 2000. The demand letter, dated March 8, 2000, was in reference to the July 26, 1999 accident and read that House had suffered “damage to his neck radiating into the right shoulder and forearm and lower back pain.” It further said that House had not completed his treatment at the time and that statements from two doctors showed he was unable to drive a tractor-trailer rig due to the injuries he sustained. The letter then broke down the damages he had incurred, which totalled $3,891,417.05, and stated that this amount, or the policy limits, whichever was greater, would be accepted as a full and final settlement.

House challenges the use of this demand letter on cross-examination and urges that this admission violates Arkansas Rule of Evidence 408, which provides:

Evidence of (1) furnishing, offering, or promising to furnish, or (2) accepting, offering, or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for, invalidity of, or amount of the claim or any other claim. Evidence of conduct or statements made in compromise negotiations is likewise not admissible. This rule does not require exclusion if the evidence is offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Ark. R. Evid. 408 (2005).

This court has held that Rule 408 does not effect a blanket prohibition against the admission of all evidence relating to offers of compromise or settlement. See Ozark Auto Transp., Inc. v. Starkey, supra. Instead, the rule only prohibits the introduction of settlement evidence when the evidence is offered to prove liability for, invalidity of, or the amount of the claim or any other claim. See id. Rule 408 does not prohibit the use of such evidence when it is introduced for any other reason. See id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lard v. State
2014 Ark. 1 (Supreme Court of Arkansas, 2014)
Howard v. Adams
424 S.W.3d 337 (Court of Appeals of Arkansas, 2012)
Tracy v. Dennie
2012 Ark. 281 (Supreme Court of Arkansas, 2012)
Bayer CropScience LP v. Schafer
2011 Ark. 518 (Supreme Court of Arkansas, 2011)
Yeakley v. Doss
257 S.W.3d 895 (Supreme Court of Arkansas, 2007)
Chapman v. Ford Motor Companies
245 S.W.3d 123 (Supreme Court of Arkansas, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
223 S.W.3d 798, 365 Ark. 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-volunteer-transport-inc-ark-2006.