Missouri Court of Appeals, Eastern District / Nov 17, 2020
James P. Kahn, Appellant, vs. Triston Blackwell, Respondent.
James P. Kahn sued Triston Blackwell for injuries sustained in an automobile collision, and a jury awarded Kahn $10,000. Kahn appealed the denial of his motion for a new trial, alleging jury misconduct, and the trial court's order that each party bear their own costs. The appellate court affirmed the denial of the new trial motion, finding Kahn waived the misconduct claim by not raising it before the verdict. However, the court reversed the cost order, holding that Kahn, as the prevailing party, was entitled to recover costs, and remanded for a determination of those costs.