KELLY JO SIMS, APPELLANT,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 2000-01-19
No. 3D98-1288
Before COPE, GREEN and FLETCHER, JJ.
748 So. 2d 383 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Kelly Jo Sims appealed a jury verdict in her uninsured motorist case against State Farm, claiming trial errors including juror misconduct, the judge's absence during videotaped testimony, and evidentiary issues. The Florida District Court of Appeal affirmed the judgment, finding no abuse of discretion in the trial court's handling of the juror misconduct and rejecting Sims's other arguments.


Holding

The appellate court held that the trial court did not abuse its discretion in excusing the one juror and denying the mistrial request because other jurors either did not see the advertisement, did not read it, or were unaffected by it. The judge's absence during videotaped testimony was not fundamental error in a civil case, as the criminal rule requiring a defendant's waiver does not apply to civil cases and Sims failed to object. The verdict was supported by the evidence and reversal was not warranted.


Headnotes

[1] A trial court does not abuse its discretion by excusing a juror who received potentially prejudicial information and denying a mistrial when other jurors attest that the…

[2] A party's failure to object to a trial procedure, such as a judge's temporary absence during the playing of videotaped testimony, waives the issue for appellate review.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The trial court was in the best position to determine the credibility of the jurors' responses and we decline to disturb the court's ruling.”

Establishes the standard of review giving deference to the trial court's credibility determinations regarding juror exposure to potentially prejudicial material.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Sims brought an action against her uninsured motorist carrier, State Farm. During trial, a juror handed the defense attorney a magazine advertisement …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
COPE, J.

COPE, J.

Appellant Kelly Jo Sims was plaintiff below in an action against her uninsured motorist carrier. She appeals a judgment entered after a jury trial.1 We affirm.

First, appellant claims the trial court erred in failing to grant a mistrial where, during a trial recess, one of the jurors handed the defense attorney a magazine advertisement regarding specially designed furniture which supposedly alleviates chronic back pain. The juror had found the article while reading a magazine in the jury room. We find no abuse of discretion in the trial court’s decision to (1) excuse the one juror who handed the advertisement to the attorney and (2) deny appellant’s request for a mistrial. The court interviewed all of the jurors. Other than the excused juror, the jurors either did not see the advertisement, saw the advertisement but did not read it, or did not remember what the advertisement was about except that the advertisement involved the back. The jurors who were aware of the content of the advertisement all stated that the advertisement would have no effect on their consideration of the instant case. In light of the jurors’ responses, we see no abuse of discretion in the trial court’s decision. The trial court was in the best position to determine the credibility of the jurors’ responses and we decline to disturb the court’s ruling. See Derrick v. State, 581 So. 2d 31, 35 (Fla. 1991); CSX Transp., Inc. v. Whittler, 584 So. 2d 579, 586 (Fla. 4th DCA 1991).

Second, appellant contends that the trial court committed error in leaving the courtroom during the playing of videotaped testimony of four of plaintiffs witnesses. This procedure appears to have originated, or at least was encouraged by, the parties’ counsel so the trial could proceed while the judge was absent to attend a required judges meeting, and on the following morning, to handle her previously scheduled motion calendar. The judge explained that she would view the videotapes later. Appellant’s counsel made no objection to this procedure, and the point is therefore not preserved for appellate review.

Appellant argues that it was fundamental error for the judge to be absent during trial. She points out that in criminal cases, there must be an on-the-record waiver by the criminal defendant in order to allow the trial to proceed without the judge’s presence. See Bryant v. State, 656 So. 2d 426, 428-29 (Fla.1995); Ferrer v. Manning, 682 So. 2d 659, 660-61 (Fla. 3d DCA 1996). That rule, however, derives from concerns peculiar to criminal prosecutions, and we see no sound reason to extend the criminal rule to civil cases. It was incumbent on counsel to make an objection and there was none.

Finally, appellant claims that she is entitled to reversal, contending (1) appellee intentionally misrepresented evidence; (2) the verdict was unsupported by the evidence; and (3) she was entitled to a directed verdict as to the issue of permanency. We disagree and affirm the trial court’s rulings in each instance.

Affirmed.

. The jury returned a verdict in favor of appellant awarding her $5,000 for past medical expenses and $10,000 for lost wages. The jury awarded nothing for future medical expenses and loss of future earnings. The court entered judgment in favor of appellant for $1,933.42 after considering certain set-offs. The court then entered a judgment in favor of appellee for attorney's fees and costs under the offer of judgment statute.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010)
    …, 109 So. 2d 7 (Fla.1959)). The trial court had the best overall vantage point to determine if the juror held a bias in favor of, or against, one of the parties. See Williams, 465 So. 2d at 1231; see generally Sims v. State Farm Mut. Auto. Ins. Co., 748 So. 2d 383, 384 (Fla. 3d DCA 2000) (“The trial court was in the best position to determine the credibility of the jurors’ responses and we decline to disturb the court’s ruling.”). The trial court in this case was placed in a predicament.7 Tamiko James was Ni…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw