Munn v. Algee

924 F.2d 568, 1991 WL 11460
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 28, 1991
DocketNo. 90-1173
StatusPublished
Cited by80 cases

This text of 924 F.2d 568 (Munn v. Algee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Munn v. Algee, 924 F.2d 568, 1991 WL 11460 (5th Cir. 1991).

Opinions

JERRY E. SMITH, Circuit Judge:

Plaintiff Ray James Munn asserts that his and his deceased wife’s adherence to the Jehovah’s Witnesses faith was used improperly to impair his ability to recover compensation for their injuries. Finding no reversible error, we affirm.

I. Facts.

On Christmas morning 1986, vehicles driven by Munn and defendant Trudy Al-gee collided in Tunica County, Mississippi. Elaine Munn, Munn’s wife and a passenger [571]*571in his car, was transported to the Regional Medical Center in Memphis, Tennessee, arriving approximately three hours after the accident. Doctors identified a variety of injuries, including multiple rib and pelvic fractures, a lacerated chest artery, and a retroperitoneal hematoma.

Upon arrival at the hospital, Mrs. Munn informed doctors that she was a Jehovah’s Witness and thus would not accept blood transfusions. Responding to her deteriorating condition, doctors unsuccessfully sought Munn’s permission later in the day to perform a blood transfusion on his wife. Munn also refused to allow doctors to transfuse Mrs. Munn’s own blood back into her.

Mrs. Munn died on the operating table from a loss of blood. Elaine and Ray James Munn incurred medical expenses in the amounts of $10,411.67 and $241.44, respectively.

II. Procedural History.

Munn brought suit against Algee in three separate capacities: (1) individually for his own injuries; (2) as administrator of his deceased spouse’s estate; and (3) on behalf of his children, who, along with Mr. Munn, are the wrongful death beneficiaries under the Mississippi wrongful death statute, Miss.Code Ann. § 11-7-13 (Supp.1990). The district court granted Algee’s motion for partial summary judgment, thereby precluding Munn from establishing what his wife’s damages would have been had she consented to the blood transfusions and survived. The court granted a directed verdict in favor of plaintiffs on the question of liability.

After a trial, the jury awarded Munn $241.44 for his own medical expenses. It also returned a verdict for Munn in the amount of $20,411.67 to compensate Mrs. Munn’s estate for her medical bills ($10,-411.67) and her pain and suffering ($10,-000.00). With respect to the wrongful death claim, the jury concluded that Mrs. Munn would not have died had she accepted blood transfusions and thus awarded the wrongful death beneficiaries no damages.

Munn moved for a new trial, asserting that the court erred in (1) admitting evidence of Jehovah’s Witnesses’ beliefs; (2) allowing Algee to invoke the avoidable consequences doctrine; (3) refusing to allow Munn to show what his wife’s damages would have been had she accepted blood and lived; (4) refusing to apply the eggshell skull doctrine; (5) entering judgment on allegedly inconsistent answers to jury interrogatories; and (6) its instructions to the jury. Munn also argued that the verdict was against the great weight of the evidence and that the damage award was inadequate. The court denied the motion for new trial, 730 F.Supp. 21, and Munn now appeals.1

III. Admission of Evidence of Religious Beliefs.

Over Munn’s objection, the district court allowed Algee’s counsel to question him about many aspects of the Jehovah’s Witnesses faith, including, inter alia, the following beliefs and practices: (1) Christ’s physical return to earth in 1914; (2) the eternal damnation of all those not adhering to the faith; (3) the non-existence of hell; (4) the non-existence of souls; (5) refusal to “do service to their country”; and (6) refusal to salute the flag. Algee’s counsel further questioned Munn about his and his wife’s adherence vel non to the faith’s prohibition on premarital cohabitation.

The admission of this evidence raises two questions: (1) whether the district court abused its discretion in admitting Munn’s testimony, see Jon-T Chems., Inc. v. Freeport Chem. Co., 704 F.2d 1412, 1417 (5th Cir.1983); and (2) assuming the court abused its discretion, whether this error affected any substantial right of Munn’s, see Fed.R.Evid. 103(a); LeBoeuf v. K-Mart Corp., 888 F.2d 330, 333 (5th Cir.1989).2

[572]*572A. Admissibility.

Evidence is relevant (and thus potentially admissible) if it tends “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.” Fed.R. Evid. 401. For Munn’s testimony to be relevant, it is essential to identify a “fact of consequence” whose existence is made more or less probable thereby. Because we are unable to discern a fact of consequence of which this testimony is probative, we hold that the court erred in allowing the questions and that the error constitutes an abuse of discretion.

Algee asserts that the fact of consequence of which this testimony is probative is the sincerity of the Munns’ adherence to their faith.3 One might plausibly argue that sincerity is a fact of consequence in that a decision sincerely motivated by a religious belief is more reasonable4 than an otherwise inexplicable action. However, only the discussion of the Munns’ adherence to the prohibition on premarital cohabitation reflects upon their sincerity. Simply inquiring otherwise into whether the Jehovah’s Witnesses faith incorporates certain beliefs does not reveal anything about whether the Munns sincerely adhered to them.

Nor were these questions directly probative of the reasonableness of Mrs. Munn’s decision to refuse blood. Algee fails to demonstrate how Jehovah’s Witnesses’ beliefs unrelated to blood transfusions reveal the reasonableness of her adherence to one particular article of the faith.5

Algee further asserts that, in any event, she was entitled to counter Munn’s direct testimony about his wife's religious beliefs. However, Fed.R.Evid. 611(b) limits the scope of cross-examination to “the subject matter of the direct examination and matters affecting the credibility of the witness.”

The bulk of Munn’s testimony on cross-examination did not concern the sincerity of his and his wife’s beliefs. As noted above, simply listing Jehovah’s Witnesses’ beliefs says nothing about the sincerity of the Munns’ adherence thereto. Accordingly, this testimony was not within “the subject matter of the direct examination.” Moreover, Munn’s direct testimony did not cover any beliefs other than the prohibition on blood transfusions. Accordingly, because Munn’s testimony did not tend to prove or disprove any (permissible) material fact and thus was irrelevant, its admission was error amounting to an abuse of discretion.6

[573]*573B. Reversible or Harmless Error.

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Bluebook (online)
924 F.2d 568, 1991 WL 11460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munn-v-algee-ca5-1991.