Ivy v. Hawk, 76730
| Court | United States State Supreme Court of Missouri |
| Citation | 878 S.W.2d 442 |
| Docket Number | No. 76730,76730 |
| Parties | Robert H. IVY and Carol A. Ivy, Appellants, v. Bray O. HAWK, M.D., and Bray O. Hawk, M.D., Inc., Respondents. |
| Decision Date | 21 June 1994 |
Page 442
v.
Bray O. HAWK, M.D., and Bray O. Hawk, M.D., Inc., Respondents.
En Banc.
Page 443
B. Thomas Kearns, St. Louis, for appellants.
Anthony R. Behr, W. Dudley McCarter, Thomas J. Hayek, Eugene Buckley, St. Louis, for respondents.
THOMAS, Judge.
Plaintiffs sued alleging injury as the result of negligent medical treatment. The jury entered a verdict in favor of the defendants. Plaintiffs appealed arguing that the trial court erred in denying their motion for new trial because of an error during voir dire. The Court of Appeals, Eastern District, affirmed the judgment and transferred the case to this Court pursuant to Rule 83.02. We reverse and remand for a new trial.
Plaintiffs, Robert and Carol Ivy, brought a medical malpractice action against Brady O. Hawk, M.D., individually, and against Brady O. Hawk, M.D., Inc. In their petition, the plaintiffs alleged injury to Robert Ivy as the result of negligent medical treatment of a skin condition. In pretrial discovery, plaintiffs learned that defendants maintained a medical malpractice liability insurance policy with Medical Defense Associates, which is located in Springfield, Missouri. During an in camera hearing prior to voir dire, plaintiffs' counsel requested the court's permission to ask the "insurance question" to the entire panel of prospective jurors. The proposed question was: "Do any of you or do any members of your family work for or have a financial interest in an insurance company known as Medical Defense Associates?"
Page 444
Defendants' counsel objected to the question for two reasons. First, he argued that the word "insurance" in the proposed question was improper because it did not appear in the name of Medical Defense Associates. He claimed that the sole reason for adding the word insurance was to highlight the issue to the panel. Defendants' second objection was that there was not a good faith basis for asking the question as required in Skinner v. Sisters of St. Mary's, 686 S.W.2d 858 (Mo.App.1985). They argued that there was not a good faith basis for believing that any of the jurors would respond in the affirmative to the proposed question because (1) Medical Defense Associates is a company owned solely by physicians, and there were no physicians on the jury panel; and (2) it is located in Springfield and has only one employee in St. Louis, who was not on the panel. The judge agreed with the defendants and denied the plaintiffs' request to ask the "insurance question." Plaintiffs' counsel then moved that he be permitted to ask the same question, except he omitted the word "insurance." The court denied his second motion, stating that the facts of this case did not justify asking the "insurance question."
On July 23, 1992, a judgment and verdict was entered in favor of the defendants. Plaintiffs filed a motion for new trial asserting that the trial court erred in refusing to allow the plaintiffs' counsel to ask the "insurance question" during voir dire. The motion was overruled. The court of appeals held (1) the trial court erred in denying the plaintiffs' motion to ask the "insurance question," (2) but it did not err in denying the plaintiffs' motion for new trial because they failed to show the error was prejudicial. Skinner, 686 S.W.2d 858. The court of appeals then transferred the case pursuant to Rule 83.02 to this Court to resolve a conflict among the appellate districts regarding whether the plaintiffs were required to prove prejudice in their motion for new trial.
THE PRELIMINARY "INSURANCE QUESTION"
The first issue is whether the trial court erred in refusing to allow plaintiffs' counsel to ask the preliminary "insurance question." This Court has held that the constitutional right to a trial by jury includes the right to a fair and impartial jury. Moore v. Middlewest Freightways, 266 S.W.2d 578, 586 (Mo.1954). Parties have the right to know if any of the panel members or their families have a potential interest in the outcome of the lawsuit. Bunch v. Crader, 369 S.W.2d 768, 770 (Mo.App.1963). "The rule is settled in this state that a plaintiff is entitled to qualify the jurors as to their relations, if any, with insurance companies interested in the result of the trial." Smith v. Star Cab Co., 323 Mo. 441, 19 S.W.2d 467, 469 (1929). The trial court has no discretion to deny a party the right to ask the preliminary "insurance question" if the proper foundation is...
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Pollard v. Whitener, WD
...a legitimate question on voir dire, in order to be entitled to a new trial. In support, plaintiffs cite us to Ivy v. Page 297 Hawk, 878 S.W.2d 442 (Mo. banc 1994). 1 In Ivy, the trial judge erroneously refused to permit plaintiff to ask prospective jurors "the insurance question." Defendant......
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Dick v. Children's Mercy Hosp., WD 61616.
...(citing Rule 78.02). However, "[a] trial court has no discretion when ruling on an issue of law in a motion for new trial." Ivy v. Hawk, 878 S.W.2d 442, 445 (Mo. banc Point one reads as follows: 1. The verdict is against the weight of the evidence. To recover on their negligence claim, [the......
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Dick v. Children's Mercy Hospital, No. WD # 61616 (MO 5/25/2004), WD # 61616
...(citing Rule 78.02). However, "[a] trial court has no discretion when ruling on an issue of law in a motion for new trial." Ivy v. Hawk, 878 S.W.2d 442, 445 (Mo. banc Point one reads as follows: 1. The verdict is against the weight of the evidence. To recover on their negligence claim, [the......
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Saint Louis Univ. v. Geary, SC 89840.
...“This Court has held that the constitutional right to a trial by jury includes the right to a fair and impartial jury.” Ivy v. Hawk, 878 S.W.2d 442, 444 (Mo. banc 1994). Parties have a right to know if jurors or their families have an interest in the outcome of the litigation, and the trial......