Parker v. Artery

889 P.2d 520, 1995 Wyo. LEXIS 14, 1995 WL 48695
CourtWyoming Supreme Court
DecidedFebruary 9, 1995
Docket93-243
StatusPublished
Cited by35 cases

This text of 889 P.2d 520 (Parker v. Artery) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parker v. Artery, 889 P.2d 520, 1995 Wyo. LEXIS 14, 1995 WL 48695 (Wyo. 1995).

Opinions

TAYLOR, Justice.

The injured parties in a tort action bring this appeal. A jury trial resulted in a verdict and a substantial award of compensatory damages in favor of the injured parties. However, the injured parties contend pretrial rulings of the district court and a variety of procedural errors unfairly restricted the presentation of facts to the jury. The injured parties also claim they were denied the full measure of their damages.

We affirm.

I. ISSUES

Among the issues on appeal, the injured parties insist they should have been permitted to inform the jury that an intoxicated tortfeasor ran a stop sign and caused a severe collision. The injured parties also argue the jury should have been permitted to consider awarding punitive damages, despite the death of the tortfeasor before trial. Furthermore, the injured parties assert that the jury should have been instructed that liability insurance coverage existed to pay the damage award.

The personal representative of the tortfea-sor responds that liability for the collision was admitted, so the fact that the tortfeasor was legally intoxicated at the time of the collision was irrelevant. The personal representative maintains that Wyoming should continue to follow the rule that recovery of punitive damages is not allowed from a tort-feasor’s estate. Finally, the personal representative declares that there was no reason to instruct the jury of the existence of liability insurance coverage.

II. FACTS

On June 23, 1990, Patricia J. Parker (Parker) drove her van west on Palmer Canyon Road just outside Wheatland, Wyoming. As Parker approached the intersection with Grange Road, a vehicle driven by J. Doyle Pounder (Pounder) failed to stop at the stop sign controlling north and south bound traffic. Parker’s van collided with Pounder’s vehicle. Following the impact, Parker’s van veered to the right, hit a ditch, jumped over a cement culvert and came to rest at a fence. Parker’s injuries included a number of cuts [523]*523and bruises, a broken fibula and a fractured vertebra.

Pounder was arrested at the scene of the-accident and charged with driving while under the influence. A test revealed that the alcohol content of Pounder’s blood was in excess of the legal limit. On February 1, 1992, Pounder died in Washington of causes unrelated to the collision.

On June 23, 1992, Parker and her husband (collectively, the Parkers) filed a personal injury action against Pounder’s estate (estate) demanding compensatory and punitive damages. Susan D. Artery agreed to serve as personal representative of the estate (personal representative) for the purposes of this action.

Before trial, the personal representative admitted that Pounder’s negligence was the sole cause of the collision. Additionally, the district court dismissed, with prejudice, the Parkers’ claim for punitive damages. When the action went to trial, only three narrow issues remained undecided: the extent of compensatory damages to Parker; the extent, if any, of loss of consortium damages to Mr. Parker; and the extent of the damage to the van.

The jury awarded a total of $110,000.00 in damages, including: $92,000.00 to Parker for her injuries and for her pain and suffering; $7,000.00 to Mr. Parker for loss of consortium; and, $11,000.00 for damage to the Par-kers’ van. Following entry of the judgment, the district court allowed the personal representative to deposit the judgment amount with the district court, which agreed to hold the funds in an interest bearing account. The Parkers objected to this procedure. After a hearing, the district court ordered that the $110,000.00 be deposited in an interest bearing account or interest bearing instrument as selected by the Parkers. The district court also ordered the Parkers to be responsible for paying income tax on any interest earned while the funds were deposited with the district court.

One day after the judgment was entered, the Parkers filed a motion for a new trial. The district court denied the motion. The Parkers then filed a timely notice of appeal.

III. DISCUSSION

A. Evidence of Intoxication

The Parkers claim that they should have been allowed to present the jury with evidence regarding Pounder’s intoxication at the time of the collision. The district court ruled this evidence was inadmissible because it was irrelevant to the determination of the extent of the compensatory damages suffered by the Parkers. We agree with the district court.

We review a district court’s ruling on admissibility of the evidence under an abuse of discretion standard. Furman v. Rural Elec. Co., 869 P.2d 136, 140 (Wyo.1994); L.U. Sheep Co. v. Board of County Com’rs of County of Hot Springs, 790 P.2d 663, 673 (Wyo.1990). “Abuse of discretion occurs when a court exceeds the bounds of reason or commits an error of law.” Combs v. Sherry-Combs, 865 P.2d 50, 55 (Wyo.1993).

Before trial, the personal representative stipulated that Pounder’s negligence was the sole proximate cause of the collision. Exercising its discretion, the district court determined that evidence proving or disproving the extent of the compensatory damages the Parkers suffered was the only relevant evidence before the jury. The district court granted a motion in limine which excluded statements or questions during the trial regarding Pounder’s intoxication.

The Parkers maintain that they had a right to present their entire case to the jury, including the fact that Pounder was intoxicated at the time of the collision. The Parkers assert the jury was entitled to weigh this evidence to determine the proper amount of damages. If the jury had been permitted to hear this evidence, the Parkers argue that public policy against drunken driving would have benefitted.

The admissibility of evidence is governed by W.R.E. 401, 402 and 403. W.R.E. 401 defines what is “relevant evidence” during a trial:

“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 [524]*524or less probable than it would be without the evidence.

W.R.E. 402 states that generally, all relevant evidence is admissible; irrelevant evidence is inadmissible. W.R.E. 403 provides a balancing test for the exclusion of relevant evidence:

Although relevant, evidence may be excluded if its probative value is substantially 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.

The district court correctly ruled that evidence of Pounder’s intoxication at the time of the collision was inadmissible. W.R.E. 402. The questions before the jury concerned the extent of the damages suffered by the Parkers. The cause of those damages, Pounder’s failure to stop at an intersection while impaired, was no longer at issue. The personal representative had stipulated to Pounder’s legal responsibility for the injuries to the Parkers. The jury was informed that Pounder had failed to stop at the stop sign and caused a collision.

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Bluebook (online)
889 P.2d 520, 1995 Wyo. LEXIS 14, 1995 WL 48695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-artery-wyo-1995.