Tyler Hollis, a Minor By and Through His Next Friend, Mother and Conservator, Karen Hollis, Appellant, vs. Poplar Bluff Regional Medical Center, LLC, et al., Respondents.(2023)
Missouri Court of Appeals, Eastern DistrictJune 13, 2023#ED110884
Decision date: April 11, 2023ED110498
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Affirmed
Procedural posture: Appeal from judgment on jury verdict
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Statutes, rules, and cases referenced in this opinion.
section 490.680, RSMo
Rule 70.02
Rule 70.03
Rule 78.07
Rule 84.13
Allen v. St. Louis Pub. Serv. Co., 285 S.W.2d 663
Cox v. J.C. Penney Co., 741 S.W.2d 28
Dieser v. St. Anthony's Med. Ctr., 498 S.W.3d 419
Edgerton v. Morrison, 280 S.W.3d 62
Gustafson v. Benda, 661 S.W.2d 11
Hayes v. Price, 313 S.W.3d 645
Hervey v. Mo. Dept. of Corrections, 379 S.W.3d 156
Holmes v. Gamewell, 712 S.W.2d 34
In Mackey v. Smith, 438 S.W.3d 465
Jones v. Kennedy, 108 S.W.3d 203
Joy v. Morrison, 254 S.W.3d 885
Kappel v. Slickman, 401 S.W.2d 451
Klotz v. St. Anthony's Med. Ctr., 311 S.W.3d 752
Lampley v. Missouri Comm'n on Hum. Rts., 570 S.W.3d 16
Lowe v. Mercy Clinic E. Cmtys., 592 S.W.3d 10
Marion v. Marcus, 199 S.W.3d 887
Melton v. St. Louis Pub. Serv. Co., 363 Mo. 474
Menschik v. Heartland Reg'l Med. Ctr., 531 S.W.3d 551
Mitchell v. Kardesch, 313 S.W.3d 667
Ordinola v. Univ. Physician Assocs., 625 S.W.3d 445
Rhoden v. Missouri Delta Med. Ctr., 621 S.W.3d 469
State ex rel. Baldwin v. Gaertner, 613 S.W.2d 638
State ex rel. State Highway Comm'n v. Koberna, 396 S.W.2d 654
State ex rel. Tarrasch v. Crow, 622 S.W.2d 928
Syberg's cites the concurring opinion in Stevens v. Kliethermes, 811 S.W.2d 447
Tharp v. Monsees, 327 S.W.2d 889
The fact Denney proposed the disputed language also raises the possibility of invited error. See State v. Clay, 533 S.W.3d 710
Transp. Comm'n v. Vitt, 785 S.W.2d 708
Wickham v. Hummel, 659 S.W.3d 345
Williams v. Mercy Clinic Springfield Cmtys., 568 S.W.3d 396
Issue-specific holdings extracted from the court's opinion.
Issue: Whether the circuit court erred in instructing the jury on comparative fault by failing to specify what conduct constituted "reasonable precautions," thereby giving the jury a roving commission.
The appellate court declined to review this claim because Denney failed to specifically and distinctly raise this objection during the instructions conference, thus waiving appellate review.
Issue: Whether the circuit court erred by instructing the jury on comparative fault because Syberg's did not show Denney had a legal duty to take reasonable precautions.
The circuit court did not err because there was substantial evidence from which a jury could reasonably conclude Denney was partially at fault, as Missouri law imposes a duty on every person to exercise ordinary care.
Standard of review: de novo
Issue: Whether the circuit court erred by instructing the jury on comparative fault because Syberg's did not show any of Denney's acts or omissions caused his injuries.
The circuit court did not err because there was substantial evidence for the jury to conclude Denney's comparative fault was a cause of the injuries he sustained.
Standard of review: de novo
Issue: Whether the circuit court erred by excluding evidence of Denney's post-treatment symptoms under the original tortfeasor doctrine.
The circuit court did not err because Denney failed to present expert testimony to demonstrate the paramedics were negligent, which is required to apply the original tortfeasor doctrine.
Standard of review: abuse of discretion
Issue: Whether the circuit court erred by excluding evidence of Denney's post-treatment symptoms under the sudden onset doctrine.
The circuit court did not err because Denney's post-treatment symptoms were not so obviously caused by his allergic reaction that the facts fell within the realm of lay understanding, requiring expert testimony.
Standard of review: abuse of discretion
Issue: Whether the circuit court erred by excluding medical records of Denney's post-treatment symptoms as business records under section 490.680, RSMo.
The circuit court did not abuse its discretion because Denney failed to lay an adequate foundation by providing expert testimony to establish a causal relationship between dining at the buffet, paramedic treatment, and his alleged post-treatment symptoms.
Standard of review: abuse of discretion
Issue: Whether the circuit court erred by overruling Denney's objection to Syberg's closing argument comment about the absence of medical bills.
The circuit court did not err because Denney failed to demonstrate prejudice, and the court's prior order did not prohibit reference to the failure to introduce medical bills in this case.
Standard of review: abuse of discretion
Issue: Whether the circuit court erroneously denied Denney's motions to strike venirepersons 14 and 21 for cause due to alleged bias.
The circuit court did not abuse its discretion because the venirepersons' full examinations indicated they could impartially determine the facts and perform their duties as jurors.
Standard of review: clear abuse of discretion
Cases sharing legal topics and authorities with this opinion.
Missouri Court of Appeals, Eastern DistrictJune 13, 2023#ED110884
Missouri Court of Appeals, Southern DistrictJuly 10, 2024#SD37969
Missouri Court of Appeals, Western DistrictMay 16, 2023#WD85103
Supreme Court of MissouriMarch 18, 2025#SC100711
Supreme Court of MissouriFebruary 11, 2025#SC100582
Missouri Court of Appeals, Southern DistrictApril 1, 2024#SD38135