Hyman v. Robinson, 713 S.W.2d 300 (Mo. Ct. App. 1986). · Go Syfert
Hyman v. Robinson, 713 S.W.2d 300 (Mo. Ct. App. 1986). Cases Citing This Book View Copy Cite
16 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Seldomridge v. General Mills Operations, Inc. (moctapp, 2004-03-30)
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) Seldomridge v. General Mills Operations, Inc.
Mo. Ct. App. · 2004 · confidence medium
Shaver, 713 S.W.2d at 300.
discussed Cited as authority (rule) M.A.B. v. Nicely
Mo. · 1995 · confidence medium
State v. Schutte Investment Co., 334 S.W.2d 241, 246-47 (Mo.1960); Alvey v. Sears, Roebuck, & Co., 360 S.W.2d 231, 234 (Mo.1962); In re Marriage of Clark, 801 S.W.2d 496, 499 (Mo.App.1990); Hyman v. Robinson, 713 S.W.2d 300, 301-02 (Mo.App.1986); Dorn v. St.
discussed Cited as authority (rule) Riley v. Union Pacific Railroad
Mo. Ct. App. · 1995 · confidence medium
“Under comparative negligence in Missouri any error in giving a comparative fault instruction is harmless if the jury finds no negligence on the part of the defendant.” Duren v. Kunkel, 849 S.W.2d 145, 147 (Mo.App.1993) (citing Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986)).
discussed Cited as authority (rule) Tauchert v. Ritz
Mo. Ct. App. · 1995 · confidence medium
In Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.E.D.1986), in discussing whether or not the instructional error created prejudice, the Court stated: The change in the legal significance of the plaintiffs fault from absolute preclusion of his claim under prior law to a basis for apportioning damages under the present law, means that an erroneously given instruction on plaintiffs negligence is of no significance unless the jury finds the defendant negligent.
cited Cited as authority (rule) Greek ex rel. Greek v. Midwestern Telephone, Inc.
Mo. Ct. App. · 1994 · confidence medium
Mino v. Porter Roofing Co., Inc., 785 S.W.2d 558, 562 (Mo.App.1990); Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986).
discussed Cited as authority (rule) Farrow v. Potts
Mo. Ct. App. · 1994 · confidence medium
Mino v. Porter Roofing Co., Inc., 785 S.W.2d 558, 562 (Mo.App.1990); Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986).” Other cases consistent with the holding in Vasseghi include Wilson v. Shanks, 785 S.W.2d 282 , 284—285[1] (Mo. banc 1990); Lee v. Mirbaha, 722 S.W.2d 80, 83-84 [1] (Mo. banc 1986); Barnes v. Tools & Machinery Builders, Inc., 715 S.W.2d 518, 520-522 [l-3] (Mo. banc 1986); Woodiel v. Barclay Enterprises, Inc., 858 S.W.2d 247, 254 [10] (Mo.App.1993); Hawk v. Union Elec.
cited Cited as authority (rule) Duren v. Kunkel
Mo. Ct. App. · 1993 · confidence medium
Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986).
cited Cited as authority (rule) Vasseghi v. McNutt
Mo. Ct. App. · 1991 · confidence medium
Mino v. Porter Roofing Co., Inc., 785 S.W.2d 558, 562 (Mo.App.1990); Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986).
discussed Cited as authority (rule) Chong Kee Min v. Wun Sik Hong
Mo. Ct. App. · 1991 · confidence medium
The jury found that neither defendant was at fault in the death of Mrs. Kim. “[A]n error in giving a comparative fault instruction is harmless if the jury found no negligence on the part of defendant[s].” Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986), citing Koch v. Bangert Bros.
cited Cited as authority (rule) Mino v. Porter Roofing Co., Inc.
Mo. Ct. App. · 1990 · confidence medium
Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986).
discussed Cited as authority (rule) Marcher v. Butler (2×)
Idaho · 1988 · confidence medium
Accord, Keyes v. Amundson, 391 N.W.2d 602, 607 (N.D.1986); Hyman v. Robinson, 713 S.W.2d 300, 301 (Mo.App.1986); Concrete Contractors, Inc. v. City of Arvada, 621 P.2d 320 (Colo.1981), on remand 628 P.2d 170 (Colo.App.1981); Hood v. Mayor and Aldermen of City of Savannah, 277 S.E.2d 54, 55 (Ga.1981); City of Cedar Rapids v. Cach, 299 N.W.2d 656, 659 (Iowa 1980); General Motors Corporation v. Fair Employment Practices Division of Council on Human Relations of St.
Retrieving the full opinion text from the archive…
Chris J. HYMAN, Plaintiff-Appellant,
v.
Jennifer D. ROBINSON, Defendant-Respondent
50591.
Missouri Court of Appeals.
Jul 29, 1986.
713 S.W.2d 300
James S. Collins, II, St. Louis, for plaintiff-appellant., Paul Hetterman, St. Louis, for defendant-respondent.
Smith, Snyder, Gaert-Ner.
Cited by 13 opinions  |  Published
SMITH, Judge.

Plaintiff appeals from a verdict and judgment against him in a personal injury suit. We affirm.

Plaintiff, a paramedic, was a passenger in an ambulance which collided with defendant’s vehicle at an intersection in the City of St. Louis. Plaintiff’s evidence would support a conclusion that the ambulance slowed before it entered the intersection, that it entered the intersection on a green light and that its lights and siren were functional and operating at the time. Defendant’s evidence was that the siren was not operating and that the ambulance entered the intersection at high speed on a red light. There was also evidence that the driver and passenger of this ambulance service operate as a two man crew. Plaintiff produced evidence challenging joint operation by the driver and passenger.

The trial court submitted MAI-32.01(1) modified, authorizing assessment of a percentage fault against plaintiff if the jury believed plaintiff failed to activate the siren while approaching the intersection knowing, actually or constructively, that the electric signal was red. Plaintiff on this appeal challenges the submission of that instruction on the basis it was unsupported by evidence. We need not reach that issue. In Koch v. Bangert Bros. Road Builders, Inc., 697 S.W.2d 315 (Mo.App.1985), we held that under the comparative negligence doctrine now effective in this state, an error in giving a comparative fault instruction is harmless if the jury found no negligence on the part of the defendant. The change in the legal significance of the plaintiff’s fault from absolute preclusion of his claim under prior law to a basis for apportioning damages under the present law, means that an erroneously given instruction on plaintiff’s negligence is of no significance unless the jury finds the defendant negligent. Until that has occurred the jury has no reason to consider the plaintiff’s negligence. If the instruction here was erroneous, its submission was harmless.

Plaintiff also complains of the action of the trial court in allowing defendant to read Sec. 300.140 RSMo. to the jury. Sec. 300.140 is a model traffic ordinance which may be adopted by municipalities. Sec. 300.600. The general rule is that courts cannot take judicial notice of city ordinances. Harris v. Lane, 379 S.W.2d 635 (Mo.App.1964) [8]. No evidence was adduced that section 300.010 et seq. or any part thereof had been adopted by the City of St. Louis. But plaintiff’s contention is curious. During his case he requested that the court take judicial notice of Sec. 300.-100 and read that section concerning emergency vehicles to the jury. There was no[*302] evidence that that section had been adopted by the City. The section read by defendant was related to that read by plaintiff and did not add anything of consequence to the obligations of an emergency vehicle driver. Whatever objection existed to the statute was waived by plaintiffs action in introducing and reading Sec. 300.100. Plaintiff also contends that the ordinance was irrelevant because he was a passenger and not bound by the provisions of the statute. Defendant was entitled to establish that the proximate cause of the accident was the ambulance driver’s negligence. Uder v. Missouri Farmers Association, Inc., 668 S.W.2d 82 (Mo.App.1983) [4]; Coffel v. Spradley, 495 S.W.2d 735 (Mo.App.1973) [7-10]. The statute was relevant for that purpose and must have been so considered by plaintiff for the only purpose to be served by reading Sec. 300.100 was to establish the ambulance driver was not negligent.

Judgment affirmed.

SNYDER, C.J., and CARL R. GAERT-NER, P.J., concur.