State Farm Fire & Casualty Co. v. Short

448 N.W.2d 560, 1989 WL 145477
CourtCourt of Appeals of Minnesota
DecidedJanuary 18, 1990
DocketC3-89-828
StatusPublished
Cited by5 cases

This text of 448 N.W.2d 560 (State Farm Fire & Casualty Co. v. Short) 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
State Farm Fire & Casualty Co. v. Short, 448 N.W.2d 560, 1989 WL 145477 (Mich. Ct. App. 1990).

Opinions

OPINION

GARDEBRING, Judge.

The jury found Steven Short to be a resident of his parents’ household for purposes of liability coverage under his parents’ homeowners policy and personal liability umbrella policy. State Farm Fire & Casualty Co. appeals, contesting opposing counsel’s opening statements, jury instructions, and the special verdict interrogatory form. We affirm.

FACTS

On September 15, 1985, respondent Steven Short was in a bar with his friend respondent George Keller. Keller attempted to stand on Steven’s shoulders, fell onto [562]*562the floor, and was injured. In 1988, Keller and Steven entered a $997,500 settlement agreement pursuant to Miller v. Shugart, 316 N.W.2d 729 (Minn.1982). Keller seeks payment from Steven’s parents’ homeowners insurance policy and $1 million personal liability umbrella policy. Both policies were issued by appellant State Farm Fire & Casualty Company. State Farm commenced this declaratory judgment action to determine whether Steven was a resident of his parents’ household for purposes of coverage under both policies.

Steven Short is 35 years old. He first moved out of his parents’ home upon graduating from high school.

In October 1983, Steven moved back into his parents’ home. At the time of the accident, he was working full time as a bartender. Steven began spending many hours at his girlfriend’s apartment. According to trial testimony, Steven kept his personal belongings at his parents’ home and retained their address as his permanent address.

ISSUES

1. Did respondent’s counsel’s opening statement improperly inform the jury of the effect of its special verdict answers on the outcome of the case?

2. Did the trial court properly instruct the jury on the elements required to find household residency?

3. Does the evidence support the special verdict and judgment finding Steven Short a resident of his parents’ household?

ANALYSIS

1. Informing the Jury of the Effect of Its Answers

In his opening statement, counsel for George Keller stated:

This lawsuit is brought from State Farm Fire and Casualty against Steven Short and George Keller. And they’re asking this court, with your help, to make an adjudication that Mr. Steven Short is not covered under those policies, these two that we are talking about, and that Mr. Keller is not entitled to get compensation for his injuries from State Farm Mutual as an insurer.

Neither the court nor counsel may inform the jury of the effect of its answers on the outcome of an action not involving negligence. Minn.R.Civ.P. 49.01(a) (1989); Carufel v. Steven, 293 N.W.2d 47, 48 (Minn.1980). The purpose of this rule is to permit the jury to make findings of ultimate facts, free from bias, prejudice, and sympathy and without regard to the effect of their answers upon the ultimate outcome of the case. McCourtie v. United States Steel Corp., 253 Minn. 501, 516, 93 N.W.2d 552, 562 (1958).

However, whether an improper comment warrants a new trial is entirely within the trial court’s discretion. Patterson v. Donahue, 291 Minn. 285, 287-88, 190 N.W.2d 864, 866 (1971). The trial court’s decision will not be reversed absent a showing that appellant suffered prejudice resulting in a miscarriage of justice. Robinson v. Mack Trucks, Inc., 426 N.W.2d 220, 227 (Minn.Ct.App.1988), pet. for rev. denied (Minn. Sept. 28, 1988). The record as a whole must show that the jury could not have reached its verdict without unfair influence. Jack Frost, Inc. v. Engineered Building Components Co., Inc., 304 N.W.2d 346, 352 (Minn.1981).

The trial court found the statement by Keller’s counsel nonprejudicial because the jury had been told the lawsuit was commenced to determine whether Steven is a resident of his parents’ household, and accordingly, whether or not there was insurance coverage. The comments merely advised the jury as to the nature of the case.

State Farm alleges the comments were prejudicial because Keller appeared and testified. Keller is a party to this case and therefore was entitled to testify." His appearance in a wheelchair, displaying his injuries, is not, in and of itself, prejudicial. State Farm raised no other allegation of prejudice or unfair influence on the jury verdict. We find no prejudice or unfair influence entitling State Farm to a new trial.

[563]*5632. Household Residency

State Farm moved for a new trial contending that the trial court erroneously instructed the jury regarding the factors necessary to find household residency and erroneously refused to present State Farm’s proposed special verdict form to the jury. The trial court denied the motion.

The trial court has broad discretion in determining a new trial motion. The court’s decision will not be disturbed on appeal absent a clear abuse of discretion. Lindstrom v. Yellow Taxi Co., 298 Minn. 224, 230, 214 N.W.2d 672, 677 (1974).

The State Farm policies owned by Steven’s parents define “insured” as the named insured and relatives who are residents of the named insured’s household. Whether a relative of an insured resides in the insured’s household is a question of fact. Fruchtman v. State Farm Mutual Automobile Insurance Co., 274 Minn. 54, 55, 142 N.W.2d 299, 300 (1966). A finding of residency will not be overturned on appeal unless it is clearly erroneous. Mutual Service Casualty Insurance Co. v. Olson, 402 N.W.2d 621, 623 (Minn.Ct.App.1987), pet. for rev. denied (Minn. May 20, 1987).

There are three primary factors to consider in determining residency in the named insured’s household:

(1)Living under the same roof; (2) in a close, intimate and informal relationship; and (3) where the intended duration is likely to be substantial, where it is consistent with the informality of the relationship, and from which it is reasonable to conclude that the parties would consider the relationship “ * * * in contracting about such matters as insurance or in their conduct in reliance thereon.”

Firemen’s Insurance Co. of Newark,, New Jersey v. Viktora, 318 N.W.2d 704, 706 (Minn.1982) (quoting Pamperin v. Milwaukee Mutual Insurance Co., 55 Wis.2d 27, 37, 197 N.W.2d 783, 788-89 (1972)).

Additional factors to be considered include: ⅛

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448 N.W.2d 560, 1989 WL 145477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-fire-casualty-co-v-short-minnctapp-1990.