Kroning v. State Farm Automobile Insurance Co.

549 N.W.2d 106, 1996 Minn. App. LEXIS 644, 1996 WL 291738
CourtCourt of Appeals of Minnesota
DecidedJune 4, 1996
DocketNo. CX-95-2097
StatusPublished
Cited by2 cases

This text of 549 N.W.2d 106 (Kroning v. State Farm Automobile Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kroning v. State Farm Automobile Insurance Co., 549 N.W.2d 106, 1996 Minn. App. LEXIS 644, 1996 WL 291738 (Mich. Ct. App. 1996).

Opinion

[107]*107OPINION

CRIPPEN, Judge.

In an action against respondent State Farm Insurance for uninsured motorist benefits, appellant Ronald Kroning and his wife, appellant Theogene Kroning, challenge the denial of a new trial on numerous grounds but most pointedly on (a) the trial court’s permission for use of collateral sources as evidence and (b) the trial court’s suggestion to the jury that this evidence may have rendered unbelievable all of appellant Theogene Kroning’s testimony.

FACTS

On the morning of November 29, 1991, appellant Ronald Kroning left St. Charles, operating a fully loaded semi-tractor trailer in the course of his employment with St. Charles Transport. As he approached Chat-field, road conditions became ice-covered and extremely slippery. Appellant testified that he noticed a white car traveling in front of him, but was unaware of any other traffic. While ascending a hill where the highway passed through a stone cleft outside Chat-field, appellant testified that he was unexpectedly passed by a small red car, also proceeding west. Appellant testified that as the passing car cut in front of him, he observed the car’s brake lights come on and then touched his own brakes. He testified that his truck’s wheels then locked on the slippery pavement and his truck jack-knifed and collided with the rock wall on the cleft, coming to rest broadside across the highway, blocking both westbound and eastbound lanes. No accident witnesses were identified nor were the occupants of the white or red cars.

At the time of the accident, appellant was insured by an automobile policy issued by respondent that included uninsured motorist coverage, available if the driver of the car that allegedly passed appellant was deemed negligent. The determinative question at trial became whether the passing car described by appellant ever existed.

As a result of the accident, appellant sustained severe injuries, including a broken neck. At the time of trial, appellant was receiving permanent workers’ compensation benefits and Social Security Disability income.

Appellant Theogene Kroning testified that while appellant was in the hospital immediately following the accident, he recounted the story of the passing car to her. At trial, appellant Theogene Kroning’s testimony, recited below, was found to justify the introduction of collateral source evidence.

Q: ... When was it that your husband had recovered from his injuries to the point where you know him to be now?
A: Oh, when they took the halo off and after I ... a couple weeks later. We still had to work on pin sites, and his neck was stiff, and he had to go through all of this therapy. It took a couple of years.
Q: Can you tell us or describe for us the kind of person your husband was before he was injured during 1991?
A He was always laughing and joking and kidding around. He was a hard worker. He provided for us. He saw to all our needs.
Q: What was his attitude toward working?
A: He loved to work. He was really working. He would be right at work. After work he would help ftiends work. He was always doing something. He was always active doing something. When we were in the business, the John Deere business, he would work until ... many times a farmer would call with a problem, he was there for them. He would answer their questions. He would go out to their farm to help them. Then when he was ... when we were no longer at this business, and he was working at the Ford dealership, customers would call him at all hours with questions, and he would answer them. He would help them. He would go help them try and work their problems out. He was always doing something.
Q: Before his injury, what were some of the services that he provided around your house?
[108]*108A: Oh, he did everything around the house. He took care of the house. He maintained everything around the house. We didn’t have to go hire it done or anything. He took care of it. He took care of any repairs that had to be made. If I had a piece of machinery that ... a wash machine that broke down, he could take it apart and fix it. He just did everything.
Q: Did you rely upon Ron for things other than household services?
A: Other than household services ... I relied on Ron for everything.
Q: What do you mean by that?
A: He was always there for me if I needed him. After I was ill, it was quite a period of time that I really needed support, and he was there for me. He always did everything. He always made sure that I got taken care of. When the family was home, he made sure the family got taken care of. When our grandchildren were around, he always played with the grandchildren.
Q: Since his injuries in this accident, Mrs. Kroning, what has your husband been able to contribute to the household services?
A: Nothing.
Q: Does he do any yard work?
A: Oh, that he does. He has a lawn tractor that he sits on, and he will cut the grass, but he can’t go like he used to. He goes ... he used to go and cut the grass at a fairly fast rate of speed. Now he goes very slow, because if he goes too fast, his neck bothers him. When he comes in, he lays down. He has a sore neck and a bad headache.
Q: Since his injuries, has your husband been the same person upon whom you personally could rely upon for assistance?
A: No.
Q: How has that changed?
A: He can’t fix anything anymore. He just really doesn’t do anything around the house anymore that he did before.
A: Has he worked for a wage anywhere since his accident?
A■ No.
Q: What is a typical day like now for your husband?
A: Well, he will get up, and he will have breakfast and go just read the paper, read a book, monkey around a little bit, not doing anything. And before you know it, he is laying down, because he has a bad headache or his head and neck is paining him. He spends a big part of his day in bed a lot or we have a reeliner at home that he will sit in the reeliner, and we will put a pillow in back of his head so that ... because he can’t get his head to fit just right on the reeliner. So a pillow goes back there. And he just sits and relaxes, and he is very ... he is in pain an awfully lot.
Q: How do you know that?
A: I can tell when he is in pain.
Q: How can you tell?
A: The way his attitude is.
Q: What do you mean?
A: He is really short. I can’t do anything that is right. I can’t pat his head, because it just disturbs him. He gets these pains in his head. One night he was sitting watching television, and he was holding and holding, and before you know it he was crying and ...
Q: Take your time, Mrs.

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Related

Kroning v. State Farm Automobile Insurance Co.
567 N.W.2d 42 (Supreme Court of Minnesota, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
549 N.W.2d 106, 1996 Minn. App. LEXIS 644, 1996 WL 291738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kroning-v-state-farm-automobile-insurance-co-minnctapp-1996.