Bianchi v. Nordby

409 N.W.2d 835, 1987 Minn. LEXIS 786
Supreme Court of Minnesota·Decided July 2, 1987·No. C2-86-1776·Published·Cited by 24 cases

Opinions

SCOTT, Justice.

Plaintiff Warren Bianchi brought this personal injury action against Orrin Nord-by and Nordby’s employer, the City of Gibbon. The jury returned a verdict finding Bianchi 11%% negligent and Nordby 88⅛% negligent. The jury also found that Bian-chi would have future damages, including loss of earning capacity, medical expenses, and pain and/or disability.

After the jury was discharged, Bianchi spoke to the foreman, who claimed that the trial court misinterpreted the verdict. Bianchi’s counsel then sought to have the jury recalled for questioning, but the trial judge refused. Bianchi moved to have the verdict corrected and, when that motion was denied, moved for judgment notwithstanding the verdict or a new trial. That motion was also denied.

Bianchi appealed to the court of appeals. That court sought certification pursuant to [836] Rule 118, subd. 3, of the Minnesota Rules of Civil Appellate Procedure and Minnesota Statutes § 480A.10, subd. 2(b)(i) (1986), and we granted certification.

On April 13, 1985, Orrin Sylvester Nord-by, a Gibbon police officer, and Warren Patrick Bianchi were involved in a traffic accident. Bianchi brought a personal injury action in Sibley County District Court to recover damages for his injuries. Bianchi submitted both requested jury instructions and a requested special verdict form. The court, however, submitted a special verdict form similar to that found in 4 Minn. Dist. Judges Ass’n, Minnesota Practice, CIVIL JIG Form 7 (3d ed. 1986). The jury completed the pertinent part as follows:

1. What sum of money will fairly and adequately compensate Warren Patrick Bianchi for damages up to the date of this verdict for:
a. Loss of earnings? $ 357.50
b. Medical expenses? $ 841.65
c. Pain and/or disability? $9,600.00
2. What sum of money will fairly and adequately compensate Warren Patrick Bianchi for such future damages as are reasonably certain to occur for:
a. Loss of earning capacity? $5,000.00
(1) Over what period of time will such loss of earning capacity, if any, occur? 5 years
b. Medical expenses? $1,000,00
(1) Over what period of time will such medical expenses, if any, occur? 10 years
c.Pain and/or disability? $2,500.00
(1) Over what period of time will such pain and/or disability, if any, occur? 10 years

The trial court read the verdict to the jury and asked, “Ladies and gentlemen of the jury, is this your verdict?” All six jurors responded: “Yes.” The court interpreted this to require dividing the amounts by the numbers of years and reducing those amounts to present value.

After receipt of the verdict and notice to counsel, Bianchi had a conversation with the jury foreman. There is disagreement about who initiated the contact, but there is evidence that Bianchi and this juror were previously acquainted. The juror then called Bianchi’s counsel, who called the court, suggesting a problem with the verdict and asking the court to call the jurors back for questioning.

The next day, August 14, 1986, Bianchi’s counsel called Nordby’s counsel and advised him of the potential problem. Later that day Bianchi’s counsel, Nordby’s counsel, and the trial court discussed the matter. The trial court, however, refused to recall the jury, declining to schedule a Schwartz hearing because there was no suggestion of jury misconduct.

After the trial court refused to recall the jury, Bianchi’s counsel contacted the jurors and obtained affidavits from them as to a purported recording error. All jurors in their affidavits stated: “That in completing the Special Verdict Form, there was a recording error” and “[t]hat the purpose of this Affidavit is to correct the error.” According to these affidavits, the numbers in the answers to question number 2 should have been $25,000, $10,000, and $25,000, respectively.

[837] Bianchi then brought a motion seeking correction of the verdict on the basis of the jurors’ affidavits. The trial court denied this motion, concluding:

that these affidavits, on their face, appear to be the substitution of a new verdict for the one previously rendered and can not succeed because that would amount to impeachment of the original verdict and can not succeed under the guise of the claim that it amounts to a correction of a clerical error.

After his motion to correct the verdict was denied, Bianchi moved for judgment notwithstanding the verdict or, in the alternative, for a new trial. Bianchi based this motion on ambiguity and errors of law in the court’s instructions to the jury and in the special verdict form. The trial court found no ambiguity or error and denied Bianchi’s motion.

Nordby and the City of Gibbon also sought a court order determining collateral sources, discounting future damages to present value, and taxing costs against Bianchi pursuant to the offer of judgment they had made. The trial court considered this motion premature when made because it had not yet reduced the jury verdict to a judgment and later considered itself without jurisdiction because Bj anchi had perfected an appeal.

Bianchi appealed from both the September 2, 1986, order denying his motion to correct a clerical error by the jury and the October 7, 1986, order denying his motion for judgment notwithstanding the verdict or, in the alternative, for a new trial.

Two issues are presented by this appeal:

(1) Did the trial court err in its refusal to correct the verdict?

(2) Did the trial court err in its instructions to the jury regarding the special verdict form and in the special verdict form itself?

1. The general rule is that a jury verdict may not be impeached after the jury has been discharged when the facts sought to be shown inhere in the verdict itself. Bauer v. Kummer, 244 Minn. 488, 490-91, 70 N.W.2d 273, 275 (1955). The trial court applied this rule and denied Bianchi’s motion to correct the verdict.

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Bianchi v. Nordby
409 N.W.2d 835 (Supreme Court of Minnesota, 1987)