Crabtree v. Reed, No. 56719
| Court | Missouri Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | 494 S.W.2d 42 |
| Parties | Michael W. CRABTREE, (Plaintiff) Appellant, v. Paul J. REED, (Defendant) Respondent |
| Docket Number | No. 1,No. 56719 |
| Decision Date | 09 April 1973 |
Page 42
v.
Paul J. REED, (Defendant) Respondent.
Motion for Rehearing or to Transfer to Court En Banc Denied
May 14, 1973.
Page 43
Irl B. Baris, Leonard J. Frankel, Newmark & Baris, St. Louis, for (plaintiff) appellant.
Heneghan, Roberts & Godfrey, Kemper R. Coffelt, St. Louis, for (defendant) respondent, Paul J. Reed.
WELBORN, Commissioner.
Action for damages for personal injury arising out of automobile collision. Plaintiff sought $35,000 award. Jury verdict was in favor of plaintiff for $1,000. His motion for new trial on grounds of inadequacy of the verdict was overruled and he appealed. (Notice of appeal was filed prior to January 1, 1972.)
Michael W. Crabtree was the driver of an auto that was struck by one driven by Paul J. Reed in the vicinity of Brown Road and Interstate Highway 70 in St. Louis County on December 23, 1965.
Insofar as the primary issue on this appeal is concerned, plaintiff's testimony on the trial of his claim for damages for injuries arising out of the collision was that, although, shortly after the collision, he told Reed and an investigating police officer that he was not injured, he developed pain in his back the next morning which resulted in: a visit to a doctor on December 30, 1965; hospitalization for four days beginning January 7, 1966; 20 to 25 subsequent visits to a doctor; hospitalization again for two days in March, 1969; and other forms and methods of treatment. Plaintiff's physician diagnosed plaintiff's injury as a lumbo-sacral sprain, which he attributed to the injury in the collision. He was of the opinion that the condition was permanent.
Plaintiff testified that he lost one day of work in the week following the accident; that he was off work from January 6, 1966 to February 14, 1966, and two days in March 1969. At the time of the accident, plaintiff was a city truck driver, but because of the pain the condition caused, he was obliged to change jobs and become an over-the-road driver, without loss of income.
On this appeal, plaintiff asserts that his evidence would have supported a finding of special damages totalling $1,845.58, including medical services of $314, hospital expense of $373, medicine $200, firm mattress prescribed by physician $165, and lost wages $793.58.
Defendant's medical evidence, as summarized in appellant's brief, was from a physician who examined plaintiff on September 23, 1966, and '* * * as a result of
Page 44
his examination and reviewing X-rays, * * * concluded that there was no physical or radiological objective findings indicative of a trauma to confirm the subject complaints of plaintiff and that in his opinion no permanent disability was sustained in the automobile accident.'Given the posture of the case, this court cannot say that the trial court abused its discretion in overruling plaintiff's motion for new trial on the grounds of inadequacy of the verdict. There was conflicting evidence as to the nature, extent and cause of plaintiff's injuries and subjective complaints. Such...
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Halford v. Yandell, No. 10501
...of its insured. An objector has the burden "of making the basis of his objection 'reasonably apparent' to the court." Crabtree v. Reed, 494 S.W.2d 42, 45(3) (Mo.1973). In plaintiff's motion for new trial the "work product" objection was renewed but again there was no reference to attorney-c......
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King's Estate, In re, Nos. KCD
...Where the proper objection is not made the trial court cannot be convicted of error in overruling the objection, Crabtree v. Reed, 494 S.W.2d 42 (Mo.1973); and nothing is preserved for appellate review, Federal Deposit Insurance Corporation v. Crismon, 513 S.W.2d 305 (Mo.1974); Plumlee v. R......
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Precision Elec., Inc. v. Ex-Amish Specialties, Inc., No. WD 75529.
...source is inadmissible over a proper objection, the error is waived in the absence of a proper and timely objection. Crabtree v. Reed, 494 S.W.2d 42, 44–45 (Mo. banc 1973). In Crabtree, during cross-examination of the plaintiff, the defendant's counsel specifically asked whether the plainti......
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Hayes v. Hudson Foods, Inc., No. 17470
...litigant objecting to evidence has the burden of making the basis of his objection "reasonably apparent" to the court. Crabtree v. Reed, 494 S.W.2d 42, 44 (Mo.1973). Here, the employee's only objection was that the testimony offered by the employer about the lack of carpal tunnel syndrome i......
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Halford v. Yandell, No. 10501
...of its insured. An objector has the burden "of making the basis of his objection 'reasonably apparent' to the court." Crabtree v. Reed, 494 S.W.2d 42, 45(3) (Mo.1973). In plaintiff's motion for new trial the "work product" objection was renewed but again there was no reference to attorney-c......
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King's Estate, In re, Nos. KCD
...Where the proper objection is not made the trial court cannot be convicted of error in overruling the objection, Crabtree v. Reed, 494 S.W.2d 42 (Mo.1973); and nothing is preserved for appellate review, Federal Deposit Insurance Corporation v. Crismon, 513 S.W.2d 305 (Mo.1974); Plumlee v. R......
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Precision Elec., Inc. v. Ex-Amish Specialties, Inc., No. WD 75529.
...source is inadmissible over a proper objection, the error is waived in the absence of a proper and timely objection. Crabtree v. Reed, 494 S.W.2d 42, 44–45 (Mo. banc 1973). In Crabtree, during cross-examination of the plaintiff, the defendant's counsel specifically asked whether the plainti......
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Hayes v. Hudson Foods, Inc., No. 17470
...litigant objecting to evidence has the burden of making the basis of his objection "reasonably apparent" to the court. Crabtree v. Reed, 494 S.W.2d 42, 44 (Mo.1973). Here, the employee's only objection was that the testimony offered by the employer about the lack of carpal tunnel syndrome i......