Stokes v. MuschinskeAnnotate this Case
Plaintiff and his wife filed suit against defendant after defendant rear-ended a car driven by plaintiff and injured him. Defendant stipulated to the liability for the accident and the remaining issues were tried to a jury. The jury then returned a damages award of just over $610,000, far below plaintiff's requested damages of $23.5 million for himself and $4 million for his wife.
The Court of Appeal affirmed, holding that the trial court's finding of no misconduct by Juror No. 11 was supported by the record. In this case, the court rejected plaintiff's argument that the juror committed prejudicial misconduct during voir dire by intentionally concealing that he had been named as a defendant in two prior lawsuits. The court also held that there was no prejudicial violation of the collateral source rule and rejected plaintiff's contention that the trial court allowed defendant to violate the rule multiple times during trial through references to plaintiff's past treatment at Kaiser Permanente and Kaiser medical insurance, as well as references to Medicare and Social Security disability benefits in relation to future medical expenses.