Leonard v. Parrish

420 N.W.2d 629, 1988 Minn. App. LEXIS 305, 1988 WL 18022
CourtCourt of Appeals of Minnesota
DecidedMarch 8, 1988
DocketC8-87-1386
StatusPublished
Cited by17 cases

This text of 420 N.W.2d 629 (Leonard v. Parrish) 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
Leonard v. Parrish, 420 N.W.2d 629, 1988 Minn. App. LEXIS 305, 1988 WL 18022 (Mich. Ct. App. 1988).

Opinion

OPINION

LANSING, Judge.

Appellant Jackie Leonard, a passenger on a motorcycle driven by respondent Rit-chie Kurschner, was injured in a collision between the motorcycle and a car driven by respondent Thomas Parrish. The jury found both Parrish and Kurschner negligent, but reduced Leonard’s recovery under Minn.Stat. § 169.974, subd. 6, because she was not wearing a helmet at the time of the accident. Leonard appeals from the denial of her motion for a new trial. We affirm.

PACTS

On September 13,1984, at approximately 2:00 a.m., Jackie Leonard was riding on a motorcycle driven by Ritchie Kurschner. As Leonard and Kurschner drove north on Rice Street in St. Paul, Minnesota, Parrish was driving his automobile south on the same street. In an attempt to reach a convenience store located on Rice Street, Parrish made a left turn in front of Leonard and Kurschner.

As Parrish made the left turn, the motorcycle hit the right side of the automobile. Leonard was thrown from the cycle, over the Parrish vehicle, and struck her head and body on the surface of Rice Street. She sustained a skull fracture running from her forehead to the top of her skull, a frontal lobe contusion, a swollen eye, and multiple abrasions on her arms and legs. Nerve damage caused a permanent loss of the sense of smell, which in turn caused a reduction in her sense of taste. Leonard also suffers from headaches, dizziness, blurred vision and nausea.

At trial the parties offered expert testimony on the extent of Leonard’s injuries and the potential reduction in injuries had she worn a helmet. The parties earlier stipulated to the use of this expert testimony and the burden of production on whether damages could have been reduced by the use of a helmet. Under the stipulation, Leonard agreed to forfeit the opportunity to challenge the jury’s right to consider the issue.

The neurologists agreed that Leonard had sustained a skull fracture, frontal lobe contusion and loss of smell, but differed on whether a helmet would have prevented most of her cerebral injuries. The parties also disputed the qualifications of the opposing experts.

The jury found Parrish 80 percent negligent and Kurschner 20 percent negligent. The jury additionally determined the percentage of damages that could have been avoided by use of a helmet and computed the damages pursuant to Minn.Stat. § 169.974, subd. 6. After the verdict was returned, the trial court discounted damages to present value under Minn.Stat. § 604.07. Leonard’s damage award after discount equaled $52,062.

Leonard moved for a new trial, claiming that Minn.Stat. § 169.974 had been shown to be unconstitutional at trial; that expert testimony conclusively demonstrated that her injuries could not have been reduced through use of a helmet; that the trial court abused its discretion by limiting voir dire questions and rejecting proposed jury instructions and verdict form; and that the court erred in performing the present-value discounting function. Leonard appeals the denial of her motion.

ISSUES

1. Does Minn.Stat. § 169.974, subd. 6, violate Leonard’s equal protection right under the state and federal constitutions?

2. Is the evidence sufficient to support the jury’s damage reduction under Minn. Stat. § 169.974, subd. 6?

3. Did the trial court abuse its discretion in limiting proposed jury instructions and verdict interrogatories?

4. Did the trial court err in performing the present-value discounting function?

*632 5. Did the trial court abuse its discretion in limiting Leonard’s voir dire questions relating to insurance?

ANALYSIS

I

On appeal Leonard contends Minn.Stat. § 169.974, subd. 6 (1986), is unconstitutional because it violates the equal protection and remedies clauses of the Minnesota State Constitution and because it is vague and unworkable. At trial Leonard’s attack on the constitutionality of the statute was limited to a violation of equal protection and a failure to limit statutory provisions to a single subject expressed in the title. She did not make her vagueness or remedies clause argument at trial, in her post-trial motion, or in her statement of the case. Arguments not presented to the trial court will not be considered for the first time on appeal. St. Paul Citizens for Human Rights v. City Council of the City of St. Paul, 289 N.W.2d 402, 407 (Minn.1979).

Leonard maintains that raising the general issue of unconstitutionality preserves for appeal all arguments on constitutionality, not just those that are specifically asserted. This is too broad a statement of appellate review. The principles of appellate practice require that parties be bound by the theories on which the case was tried in the trial court, and alternative theories may not be presented for the first time on appeal. Mattson v. Underwriters at Lloyds of London, 414 N.W.2d 717, 721-22 (Minn.1987). Although the interests of justice may warrant consideration of constitutional issues for the first time on appeal in some cases, McGuire v. C & L Restaurant Inc., 346 N.W.2d 605, 610 (Minn.1984), the issues in this case are insufficient to warrant the exercise of our discretionary authority. We therefore review only the constitutional issue which was raised both in the trial court and on appeal — equal protection.

The parties agree that no fundamental right or suspect class exists in this case. Absent a fundamental right or suspect class, “minimal judicial scrutiny is appropriate.” Essling v. Markman, 335 N.W.2d 237, 239 (Minn.1983). Under this lower standard of review, “if the record indicates that the [statute] is rationally related to achievement of a legitimate governmental purpose, it should be upheld.” Id. To survive an equal protection challenge under the “rational basis” test, three factors must be satisfied:

(1) The distinctions which separate those included within the classification from those excluded must not be manifestly arbitrary or fanciful but must be genuine and substantial, thereby providing a natural and reasonable basis to justify legislation adapted to peculiar conditions and needs; (2) the classification must be genuine or relevant to the purpose of the law; that is, there must be an evident connection between the distinctive needs peculiar to the class and the prescribed remedy; (3) the purpose of the statute must be one that the state can legitimately attempt to achieve.

Miller Brewing Co. v. State, 284 N.W.2d 353, 356 (Minn.1979).

In 1967, in response to federal legislation, Minnesota adopted a mandatory helmet law for motorcycle operators and passengers. See Minn.Stat. § 169.974, subd. 4 (1967).

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Bluebook (online)
420 N.W.2d 629, 1988 Minn. App. LEXIS 305, 1988 WL 18022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-parrish-minnctapp-1988.