A Missouri appellate court upheld a nearly $75 million jury verdict against United Parcel Service Tuesday after determining that evidence of the driver’s cocaine use did not improperly influence or affect the jury.
The Western District of the Missouri Court of Appeals denied UPS’s appeal against a $65 million jury verdict in the Clay County Circuit Court, finding the shipping company vicariously liable for an accident allegedly caused by one of its drivers, Steven Miller. Miller ran a stop sign and struck another vehicle driven by J.P., an expectant mother whose son K.P. sustained fetal brain damage in utero and was later born with neurological impairments from the crash. The final judgment against UPS totaled $74.98 million after $10 million in prejudgment interest was added.
On appeal, UPS challenged the trial court’s permission to include evidence of Miller’s prior cocaine use and claimed the information was highly prejudicial and did not have probative value.
Judge Lisa White Hardwick authored the opinion for the three-judge panel, which unanimously rejected UPS’s argument, saying the jury was able to distinguish between UPS’s liability for Miller missing the stop sign and any additional liability from his cocaine use.