O'NEAL v. Pipes Enterprises, Inc.

HANNA, Judge,

concurring.

I agree with the result reached by the majority but disagree with the majority’s holding that the trial court erred in admitting evidence of the settlement agreement. Appellate courts give substantial deference to a trial court’s decision concerning the admissibility of evidence and that decision will not be disturbed absent a showing of an abuse of discretion. Oldaker v. Peters, 817 S.W.2d 245, 250 (Mo. banc 1991).

The trial court permitted a limited inquiry by defense counsel of the relationship between Mr. O’Neal and Pamela through the testimony of Ms. Watts. She testified that they could not talk to each other and that the father wanted nothing to do with Pamela. When counsel asked why, the plaintiff’s objection was sustained. No further inquiry was made.

Ms. O’Neal’s direct examination, conducted by her attorney revealed in some detail Pamela’s relationship with Mr. O’Neal. She explained that they had a poor relationship because Mr. O’Neal never spent any time with Pamela. She described Mr. O’Neal as an alcoholic which led to their divorce. She testified that after their remarriage he “walked off and left us ...,” paid no child support, and that Pamela hated him. She made a brief remark that Mr. O’Neal made unwanted advances but declined to discuss the matter further. The message to the jury *426was unmistakably clear. Although the court had sustained plaintiffs objection earlier as to why Pamela had no relationship with her father, plaintiffs direct examination discussed this matter at length. In her direct testimony, regardless of the subject matter of the questions, Ms. O’Neal’s answers often returned to Mr. O’Neal’s failings as a father.

On each occasion when an objection was made by either party, there followed a careful and lengthy discussion of the evidentiary issues. The court’s rulings reflected a thoughtful and reasoned compromise of the conflicting positions of the parties. The court ruled that this testimony “open the door” to questions concerning the settlement agreement but excluded any inquiry concerning evidence of the dollar figure or percentage of the settlement between Mr. and Ms. O’Neal.

“The trial court abuses its discretion when its ruling is clearly against the logic of the circumstances then before the trial court and is so unreasonable and arbitrary that the ruling shocks the sense of justice and indicates a lack of careful deliberate consideration.” Id. (quoting Richardson v. Colonial Life & Accident Ins. Co., 723 S.W.2d 912, 915 (Mo.App.1987)). It cannot be said here that the trial court’s ruling was clearly against the logic of the circumstances and so arbitrary that it shocks the sense of justice and indicates a lack of careful and deliberate consideration.

Generally, evidence of settlement agreements is not admissible in Missouri, because it tends to be highly prejudicial. Asbridge v. General Motors Corp., 797 S.W.2d 775, 781 (Mo.App.1990). This is the rationale when, as is generally the situation, the agreement is between a plaintiff and a defendant. Here the agreement is between two individuals who have a claim under Missouri statute. Under § 537.095.1, RSMo 1994, both Mr. and Ms. O’Neal were entitled to sue for and recover damages for the loss of their daughter. It is difficult to understand what prejudice occurred by the fact that the parties planned to divide any award of damages to which both were entitled.

However, regardless of who makes the agreement, evidence of such agreements is admissible to show bias on the part of a witness. Hackman v. Dandamudi, 733 S.W.2d 452, 456 (Mo.App.1986). See Joice v. Missouri K.T.R. Co., 354 Mo. 439, 189 S.W.2d 568, 575 (1945) allowing into evidence a settlement agreement in order to reflect upon an adversarial witness’ credibility.

Ms. O’Neal testified on direct examination about the poor relationship between her daughter and Mr. O’Neal. Certainly, her agreement to pay Mr. O’Neal any sum of money for the death of Pamela calls Ms. O’Neal’s credibility into question. "Why would Ms. O’Neal agree to pay any amount of money to Mr. O’Neal in light of his poor relationship with his daughter? While Ms. O’Neal argued that she made such an agreement solely because she did not want Mr. O’Neal at the trial, it was for the jury to determine her credibility. The evidence was admissible for the reasons advanced. The record reflects the trial court’s careful and deliberate consideration as to the legal and logical relevance of this evidence. The trial court carefully balanced the respective interests of the parties. There was no abuse of discretion, and the majority should not have disturbed the trial court’s decision to admit a limited inquiry concerning the agreement between Mr. and Ms. O’Neal.