Jackson v. Estate of Brasel
asmine Jackson appeals a judgment after a jury verdict in a personal injury action. She suffered serious injuries when the car in which she was a passenger was struck by another vehicle being driven by Jo Ann Brasel. Brasel later died from other causes. Plaintiff sued the decedents estate, seeking to recover damages limited by the decedents insurance coverage. On appeal, plaintiff challenges the amount of damages awarded, the apportionment of fault, the admission and exclusion of evidence, the refusal of her proposed jury instruction on an item of economic damages, the denial of her motions for a mistrial during jury voir dire, and other matters.
Court conclude that comments by prospective jurors and the trial court concerning the financial impact of the verdict on the heirs were incurably prejudicial and warrant a complete new trial. court also conclude that the admission of an exculpatory hearsay statement by the decedent was prejudicial error, as was the refusal of plaintiffs proposed instruction on an item of damages. Accordingly, Court will reverse
Comments on Jackson v. Estate of Brasel