Behlmann v. Century Sur. Co., No. 14-2786 (8th Cir. 2015)
Annotate this CaseAfter his car was hit by a car driven negligently by Sheffer, Behlmann was billed $89,884.79 for medical treatment. Behlmann settled with Sheffer for $50,000, the limit of Sheffer’s policy. Behlmann sued his insurer, Century, for underinsured motorist benefits. Century argued that Behlmann’s medical treatment cost less than $50,000 and resulted from pre-existing conditions. The jury found for Century. Behlmann unsuccessfully requested a new trial, challenging the admission of evidence on the value of his medical treatment and the strike of the only African-American venire person. The Eighth Circuit affirmed, noting Missouri law: “Parties may introduce evidence of the value of the medical treatment rendered to a party that was reasonable, necessary, and a proximate result of the negligence of any party.” Behlmann did not establish that Century’s reasons for the strike were pretextual. Juror 4 was a long-time autoworker; he failed to disclose he was an autoworker despite relevant questioning; and he failed to disclose involvement in prior litigation.
Court Description: Benton, Author, with Gruender and Melloy, Circuit Judges] Civil case - Insurance. The district court did not err in admitting evidence of the amount needed to pay plaintiff's medical bills under Mo. Rev. Stat. Sec. 490.715.5; the district court did not err in finding defendant had provided a race-neutral reason for its decision to strike an African-American juror and that plaintiff had failed to show purposeful discrimination.
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