Munn v. Algee

United States Court of Appeals for the Fifth Circuit · 1991 · Torts

Tortsmitigation of damagesavoidable consequencesreligious refusal of medical treatmentJehovah's WitnessFed. R. Evid. 401Fed. R. Evid. 403Fed. R. Evid. 611(b)

Facts

On Christmas morning 1986, Munn's car collided with Algee's in Mississippi, and Elaine Munn suffered severe injuries and was taken to a Memphis hospital. Elaine Munn, a Jehovah's Witness, refused blood transfusions, and Munn also refused permission for transfusions and reinfusion of her own blood. She died on the operating table from loss of blood. At trial, the defense argued that her refusal of blood was an unreasonable failure to avoid the consequences of the accident, and the district court also allowed extensive questioning about Jehovah's Witness beliefs unrelated to transfusions.

Issue

Whether the district court committed reversible error by admitting evidence about Jehovah's Witness beliefs, allowing the avoidable consequences doctrine to apply to Elaine Munn's religious refusal of blood transfusions, excluding proof of damages she would have suffered had she lived, rejecting the eggshell skull theory, and upholding the jury's verdict and instructions. More specifically, the appeal asked whether these rulings entitled Munn to a new trial or other relief.

Rule

Irrelevant evidence about a party's religion is inadmissible, but its erroneous admission warrants reversal only if it affected a substantial right. Generally applicable mitigation or avoidable-consequences rules do not violate the Free Exercise Clause merely because they incidentally burden religious practice, and a plaintiff may not recover for damages that could reasonably have been avoided. Mississippi law does not permit recovery for hypothetical injuries that certainly will not occur, and the eggshell skull doctrine is limited to pre-existing physical conditions, not extended here to religious beliefs or asserted mental conditions.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a negligence trial in Jackson, Mississippi, Dana Ortiz seeks damages after a warehouse accident. Dana testifies on direct only that she declined a skin-graft procedure because her church teaches against surgical alteration of the body. On cross, defense counsel asks about her church’s views on the afterlife, patriotism, dating rules, and holiday celebrations.

Dana objects that the cross-examination is irrelevant. How should the court rule?

Explanation. The majority held that evidence is relevant only if it tends to prove a fact of consequence. Listing religious beliefs unrelated to the medical decision does not show sincerity of adherence and does not directly bear on the reasonableness of refusing the specific treatment. Under Rule 611(b), cross is limited to the subject matter of direct and credibility, and unrelated doctrines fall outside that scope.