Missouri Court of Appeals, Western District / Date unavailable
Rose Cottonaro vs. Express Medical Transportation, INC.
Express Medical Transportation, Inc. appealed a judgment finding it negligent and awarding Rose Cottonaro compensatory and punitive damages. Express argued the trial court erred in admitting evidence of three "other similar incidents" (OSIs) because they were not substantially similar to Cottonaro's incident. The appellate court affirmed the trial court's judgment, holding that Express failed to properly preserve its objection to the OSI evidence by not objecting at trial on the grounds of lack of similarity, despite filing pretrial motions in limine. The court also declined to review for plain error as Express did not properly request it.