Reseña de Monteze S. Dennis v. St. Louis Board

Monteze S. Dennis v. St. Louis Board de Eastern District, Division Three Court of Appeals of Missouri Resumen del Libro

Plaintiffs sued the St. Louis Board of Education and two of its employees for injuries sustained by Monteze Dennis when he fell down the steps at a school owned by the district. Both counts of this action were brought pursuant to § 537.600 RSMo 1986 which provides for waiver of sovereign immunity for injuries resulting from the dangerous condition of property. Count I sought damages against the defendants for personal injuries suffered by Monteze Dennis. Count II sought recovery of medical expenses incurred by Sylvia Dennis, the mother of Monteze Dennis, as a result of her son's injury. The jury returned a verdict in the amount of $5,000 in favor of plaintiff Monteze Dennis and in the amount of $15,000 in favor of plaintiff Sylvia Dennis. The trial court entered a judgment against the defendants in those amounts. The defendants appeal on three grounds, error in the denial of their motion for new trial, instructional error and error in the admission of evidence. We affirm. For their first point, defendants assert that the trial court erred in overruling their motion for a new trial on the grounds that there was insufficient evidence of a dangerous condition as required by § 537.600 RSMo 1986. This ground was not specifically stated in the motion for new trial nor was a specific objection made on this ground at trial. Accordingly, under Rules 78.07 and 78.09, this allegation of error was not preserved for review. The motion for new trial asserted that the verdict was against the weight of the evidence. Unless there is an abuse of discretion, an appellate court may not rule on the weight of the evidence in a jury-tried case because this determination is within the exclusive province of the trial court. Strickner v. Brown, 491 S.W.2d 253, 255 (Mo. 1973). Defendants' first point is denied.

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