In certain cases, particularly multi-claim cases, jury instructions can be complex. If there is an error in instructing the jury, it may lead to a verdict being reversed on appeal. To preserve an error in jury instructions, however, there are certain procedures that must be followed.
Specifically, “[t]o preserve a claim of instructional error, a specific objection must be made stating ‘distinctly the matter objected to and the grounds of the objection.’ The same objection must also be raised in the motion for a new trial.” Carroll v. Kelsey, 234 S.W.3d 559, 562 (Mo. Ct. App. 2007). A timely objection to in an instruction is a condition precedent to review to afford a trial court an opportunity to correct any mistakes immediately without risking the expense of an appeal and retrial. Ross-Paige v. Saint Louis Metropolitan Police Department, 492 S.W.3d 164, 170 (Mo. 2016).