Burroughs, et al. v. Mackie Moving Systems Corp., et al., No. 11-1618 (8th Cir. 2012)
Annotate this CaseIn this uninsured motorist case, plaintiff appealed the district court's ruling that the uninsured motorist (UIM) provisions in his insurance policies with defendant could not be stacked beyond the statutory minimum per insurance policy. Plaintiff also argued that the district court erred in applying a settlement that arose from the same accident at issue in this case as a credit against what he could recover from defendant. Defendant cross-appealed, arguing that plaintiff's counsel's misconduct before the jury warranted a new trial. In addition, defendant argued that plaintiffs failed to make a submissible negligence case to the jury. The court affirmed the judgment of the district court as to all issues save its determination that UIM provisions could not be stacked beyond the statutory minimum. As to that issue, the court reversed and remanded.
Court Description: Civil case - Insurance. Where the district court sustained defendant's objections to plaintiff's attorney's comments in closing argument, the court did not abuse its discretion in determining the comments did not require a new trial; district court did not err in instructing the jury on plaintiff's theory of negligence as the evidence was sufficient to support the giving of the instruction; the Uninsured Motorist provisions in the policies defendant issued may be stacked above the statutorily-prescribed minimum, and the district court erred in finding that the minimum coverage required by Mo. Rev. Stat. Secs. 379.203 and 303.030 is also the maximum amount of uninsured motorist coverage permitted in Missouri; district court did not err in holding defendant is entitled to apply the settlement plaintiff received from the other driver as a credit toward the jury verdict against defendant.
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