counsel’s failure to object to court’s response to a question from the juiy waived the issue on appeal
How later courts described this case
- counsel’s failure to object to court’s response to a question from the juiy waived the issue on appeal
- “In order for a claim of error to be preserved for appellate review, a party must make a timely and specific objection before the trial court at the appropriate stage of the proceedings; the failure to do so will result in waiver of the issue.”
- "[A] party must make a timely and 'specific objection before the trial court at the appropriate stage of proceedings; the failure to do so will result in a waiver of the issue."
Written by the judges who cited it.
The opinion
POPOVICH, J.,
Concurring and Dissenting.
¶ 1 I agree with the majority that Kaufman waived her issue with the trial court’s *1213 instruction to the jury regarding the pain and suffering award because she failed to make a timely and specific objection. However, I disagree with the majority’s conclusion that the mere fact that the damage award equaled the amount of the medical bills does not mean that the jury failed to award any damages for pain and suffering. The majority states, “[Ujnder the law and the facts of this case, some award for pain and suffering was necessary.” Slip Op. at 5. Considering that the jury asked the trial court, “[I]f we want the plaintiff to receive medical expenses only how do we fill out question number 5 and 6,” I find it difficult to conclude that the jury award of $8,228.99, which was the exact amount of the medical expenses, included any amount for pain and suffering. It is true that we cannot speculate to the manner of the jury’s deliberations, but it seems more than coincidence that the award amount would equal the exact amount of the medical bills. However, since Kaufman failed to object and this issue was waived, I concur in the result.