Vincelette v. Metropolitan Life Insurance

1998 MT 259, 291 Mont. 261
CourtMontana Supreme Court
DecidedOctober 29, 1998
Docket97-472
StatusPublished
Cited by26 cases

This text of 1998 MT 259 (Vincelette v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vincelette v. Metropolitan Life Insurance, 1998 MT 259, 291 Mont. 261 (Mo. 1998).

Opinions

JUSTICE TRIEWEILER

delivered the opinion of the Court.

¶1 The plaintiff, Darlene M. Vincelette, commenced this action in the District Court for the Thirteenth Judicial District in Yellowstone County to recover damages for personal injuries sustained while a guest of the defendant, Billings Sheraton Hotel. Following a jury trial, a verdict was returned for the hotel. Darlene appeals from the judgment entered pursuant to that verdict and from the denial of her motion for a new trial. We reverse the judgment of the District Court and remand for further proceedings.

¶2 The issues presented on appeal are:

¶3 1. Did the District Court abuse its discretion when it allowed a witness to testify about out-of-court statements made by an unidentified declarant?

¶4 2. Did the District Court abuse its discretion when it refused to admit photographs offered as demonstrative evidence?

¶5 3. Did the District Court err when it denied plaintiff’s motion to compel discovery?

FACTUAL BACKGROUND

¶6 Around midnight on March 19 or 20, 1989, Darlene Vincelette fell while entering the Billings Sheraton Hotel. She and her companion had passed through the outer doors leading to the hotel lobby and were crossing over a carpeted entryway. Darlene took a step backward to allow her companion to open one of the inner doors. As she did so, she fell and injured her back.

[264]*264¶7 Darlene asserts that the cause of the fall was either a defect in the carpeting or negligent maintenance of the carpeting. The hotel denied any defect or negligence. It alleged that Darlene was intoxicated and that her condition was the cause of her fall.

¶8 Darlene moved the District Court prior to trial for an order excluding testimony from hotel employees that they had been told Darlene was drunk. The District Court did not rule on the motion.

¶9 At trial, one of the hotel’s maintenance engineers was allowed to testify that he had received a radio call from another hotel employee, who stated that Darlene was drunk. Plaintiff’s counsel moved to strike the testimony as hearsay, but the motion was denied. The declarant was never identified nor produced as a witness.

¶10 The District Court also refused to allow Darlene to admit photographs of the entryway, taken seven years after the accident, which were offered to illustrate the testimony of several witnesses regarding the condition of the carpet.

ISSUE 1

¶11 Did the District Court abuse its discretion when it allowed a witness to testify about out-of-court statements made by an unidentified declarant?

¶12 We review evidentiary rulings for an abuse of discretion. The district court has broad discretion to determine whether or not evidence is relevant and admissible pursuant to the Montana Rules of Evidence. Absent a showing of an abuse of discretion, the trial court’s determination will not be overturned. See State v. Passama (1993), 261 Mont. 338, 341, 863 P.2d 378, 380 (citing State v. Crist (1992), 253 Mont. 442, 445, 833 P.2d 1052, 1054).

¶13 Darlene alleged that the cause of her fall was the condition of the hotel carpeting, caused by improper maintenance. As a defense, the hotel asserted that there was nothing wrong with the carpeting, but that Darlene’s intoxication was the cause of her fall. Prior to trial, Darlene filed a motion in limine to exclude testimony from hotel employees that they were told the plaintiff was drunk. The District Court did not rule on the motion, but stated that it would make a decision at trial, once a foundation for the testimony existed.

¶ 14 At trial, Darlene called Larry Vandenbosch, a maintenance engineer on duty at the hotel the night of her accident, as an adverse witness. On direct examination, Mr. Vandenbosch testified that he received a report by radio that a woman had fallen in the entryway. He then went to investigate, but the entryway and lobby were empty [265]*265when he arrived. He further testified that upon his arrival he examined the entryway carpeting.

¶15 On cross-examination, counsel for the hotel asked Vandenbosch what “information” the radio caller gave him. Vandenbosch then testified that he was told a woman had fallen in the entry way and that she was drunk. He could not remember who placed the radio call, and the unidentified caller did not testify at trial.

¶16 Darlene moved to strike the statement that she was drunk on the basis that it was hearsay. The District Court allowed the statement on the basis that it was not offered for the truth of the matter asserted, but “merely to reflect what was said to him and therefore it’s not hearsay.”

¶17 Following the ruling, the hotel again elicited testimony from Vandenbosch that he had been told Darlene was drunk. Then, in closing argument, counsel for the hotel referred to the testimony.

¶ 18 On appeal, Darlene contends the out-of-court statement was offered to show that her fall resulted from intoxication rather than a defect in the carpeting. The hotel contends that the testimony was not hearsay because it was not offered to prove the truth of the matter asserted, but to show its effect on the witness’s state of mind and to show why he went to the entryway to investigate.

¶19 Hearsay is a statement, other than one made by the declarant while testifying at the trial, offered in evidence to prove the truth of the matter asserted. See Rule 801(c), M.R.Evid. Hearsay is not admissible except as provided by the rules of evidence. See Rule 802, M.R.Evid. A statement does not fit within the definition of hearsay when it is not offered to prove the truth of the matter asserted, but to show the resulting effect on the witness’s state of mind. See Mannix v. Butte Water Co. (1993), 259 Mont. 79, 86, 854 P.2d 834, 838; Moats Trucking Co. v. Gallatin Dairies (1988), 231 Mont. 474, 479, 753 P.2d 883, 886.

¶20 In Moats, the plaintiff trucking firm brought an action for breach of contract and breach of the covenant of good faith and fair dealing when the defendant dairy company terminated a hauling contract with forty-eight days’ notice. The district court allowed one of the defendant’s employees to explain why notice was not given immediately when the decision was made to terminate the contract by relating an out-of-court conversation with another employee, who expressed concern that the plaintiff would terminate services immediately upon being advised that its contract was being terminated. The [266]*266district court held that the out-of-court conversation was not admitted to prove that the plaintiff would actually have terminated services immediately, but to show the effect that it had on the state of mind of the defendant’s employee. Prior to allowing the testimony, the district court cautioned the jury that the party’s testimony was admitted only for the purpose of showing that the statements were made, not for proving that they were true. We affirmed the ruling of the district court on that basis. See Moats, 231 Mont. at 479, 753 P.2d at 886.

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Vincelette v. Metropolitan Life Ins. Co.
1998 MT 259 (Montana Supreme Court, 1998)

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Bluebook (online)
1998 MT 259, 291 Mont. 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincelette-v-metropolitan-life-insurance-mont-1998.