Stokes v. Muschinske

245 Cal. Rptr. 3d 764, 34 Cal. App. 5th 45
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 14, 2019
DocketB280116
StatusPublished
Cited by6 cases

This text of 245 Cal. Rptr. 3d 764 (Stokes v. Muschinske) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stokes v. Muschinske, 245 Cal. Rptr. 3d 764, 34 Cal. App. 5th 45 (Cal. Ct. App. 2019).

Opinion

BIGELOW, P. J.

*47Plaintiffs James Stokes and his wife Patricia Stokes sued Defendant Martin Muschinske after he rear-ended a car driven by Stokes, injuring him. Muschinske stipulated to liability for the accident, and the remaining issues, particularly the extent of Stokes's injuries and damages, were tried to a jury. After hearing testimony from numerous experts and other witnesses, the jury returned a damages award of just over $ 610,000, far below Stokes's requested damages of $ 23.5 million for himself and $ 4 million for his wife.

Stokes1 seeks to overturn the award, arguing the jury foreperson intentionally concealed during voir dire that he had been involved in two prior lawsuits, and the court allowed Muschinske to violate the collateral source rule as it related to his past and future medical expenses.2 We *767find no merit to these contentions and affirm.

BACKGROUND

Our overview of the facts is brief, and we will discuss additional background facts as necessary to resolving the issues on appeal.

On March 28, 2013, Muschinske was driving a pickup truck towing a horse trailer loaded with equipment when he rear-ended Stokes's car. Prior to trial, Muschinske stipulated to liability for the accident but disputed the causation, nature, and extent of Stokes's injuries and damages.

After a lengthy trial consisting largely of testimony on causation and damages from numerous medical and other experts, the parties proposed two *48vastly different damage awards. Stokes argued his total damages were over $ 23.5 million, and asked the jury to award an additional $ 4 million for Patricia's loss of consortium claim. Muschinske argued for damages for Stokes totaling less than $ 500,000,3 with an additional $ 25,000 for Patricia.

After two hours of deliberation with one 15-minute break, the jury awarded Stokes $ 560,537.51 in damages, which was mostly-though not entirely-in line with the amounts requested by Muschinske. The breakdown and juror count for each portion of that award was as follows: $ 26,806.51 in past medical expenses (12-0); $ 255,000 in future medical expenses (10-2); $ 13,731 in past lost earnings (12-0); $ 15,000 in future lost earnings (11-1); $ 100,000 in past non-economic damages (12-0); and $ 150,000 in future non-economic damages (12-0). The jury awarded Patricia $ 50,000 on her claim (10-2). The jury also found Muschinske did not act with malice, precluding an award of punitive damages. Judgment was entered on the verdict.

Stokes moved for a new trial on several grounds, including the two grounds he raises on appeal. The court denied the motion. Stokes appealed.

DISCUSSION

I. The Trial Court's Finding of No Misconduct by Juror No. 11 Was Supported by the Record

Stokes argues that Juror No. 11,4 who became the jury foreperson, committed prejudicial misconduct during voir dire by intentionally concealing that he had been named as a defendant in two prior lawsuits. Stokes claims he did not disclose this information because he wanted to conceal his bias against all plaintiffs and ensure he served on the jury. We find no merit to his contention.

A. Procedural Background

Juror No. 11 was not called into the jury box until the second day of voir dire. On the first day, all prospective jurors were sworn to answer questions accurately and truthfully under penalty of perjury. Presumably, Juror No. 11 was in the court room at that time.

The issue of prior lawsuits came up on the first day. One juror said he had "a real problem" because he had "been sued twice *768for nothing." After more *49questioning about his feelings on lawsuits, he affirmed he "would not be fair and impartial." A short time later, Stokes asked all the prospective jurors whether they or a loved one had been sued. Another juror responded affirmatively and shared the first juror's views on lawsuits, albeit "not so extreme." But that juror affirmed he was "not biased because of being sued" and could be impartial. Neither juror served on the jury.

On the second day, Juror No. 11 was called into the box. He was the CEO of a company involved in overnight sleep testing for sleep disorders, and he had no jury experience. He affirmed he could be fair and impartial. He stated that he had a "big problem" with the time commitment for the trial, but in his view, "[i]t's not a problem that you're going to accept as valid in this situation."

As questioning of prospective jurors continued, Juror No. 11 affirmed he was willing to keep an open mind. At one point, he said, "I don't want to be here," but again said he would be fair and impartial. When Stokes's counsel asked if he would "be okay with following the law regardless of who the defendant is," Juror No. 11 responded affirmatively. Stokes's counsel asked him if he owned his company, and he said no.

Stokes's counsel directed the immediate next question to the entire panel: "Have any of the potential new jurors been sued?" No hands were raised.

Muschinske's counsel later questioned Juror No. 11, and he once again affirmed he could follow the law and keep an open mind, including following the law on liability and damages. He was then asked, "Is there anything about experiences in business or otherwise that would be important for us to know about as it relates to you being a trial juror in a case like this?" He responded, "No." Juror No. 11 was not directly questioned again during jury selection.

Apparently, the jury selection process dragged on, prompting the court to note, "[T]his is the brutal truth, you're exhausting these jurors." One of Stokes's counsel said, "I know." The court noted Juror No. 11 "is about ready to jump through the front of the jury box" and another juror "looked very frustrated." Juror No. 11 became a member of the jury and eventually became the foreperson.

After the jury rendered its verdict, Stokes moved for a new trial, arguing Juror No. 11 intentionally lied during voir dire by concealing the fact that he had been named as a defendant in two lawsuits, including one case presided over by the trial judge who presided over the trial in this case. In support of the motion, Stokes requested judicial notice of the dockets and proofs of service in the two cases in which Juror No. 11 was named as a defendant.

*50The docket in the first case showed it was filed on June 9, 2009 and dismissed on September 7, 2010, exactly six years before the voir dire began in this case on September 7, 2016. According to the complaint, the case involved breach of a stock purchase agreement by a medical group, and Juror No. 11 was named in only one count for intentional interference with contractual relations. A proof of service indicated that Juror No. 11 was served on May 17, 2009, several weeks before the complaint was filed.

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Cite This Page — Counsel Stack

Bluebook (online)
245 Cal. Rptr. 3d 764, 34 Cal. App. 5th 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-v-muschinske-calctapp5d-2019.