Campbell v. Tork, Inc.

870 So. 2d 968, 2004 La. LEXIS 481, 2004 WL 318256
CourtSupreme Court of Louisiana
DecidedFebruary 20, 2004
Docket2003-CC-1341
StatusPublished
Cited by39 cases

This text of 870 So. 2d 968 (Campbell v. Tork, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Tork, Inc., 870 So. 2d 968, 2004 La. LEXIS 481, 2004 WL 318256 (La. 2004).

Opinion

870 So.2d 968 (2004)

Brian CAMPBELL, et al.
v.
TORK, INC., et al.

No. 2003-CC-1341.

Supreme Court of Louisiana.

February 20, 2004.
Rehearing Denied May 14, 2004.

*969 Peuler & Ernst, Gregory L. Ernst, New Orleans, Anthony D'Alto, II; Windhorst, Gaudry, Ranson, Higgins & Gremillion, Gretna, William H. Voigt, New Orleans, for applicant.

Falcon Law Firm, Timothy J. Falcon, Deani Beard Milano, Marrero; The Diddel Law Firm, A. Glenn Diddel, III, Houston, TX; Shapiro & Shapiro, Kristina Webb Shapiro, Baton Rouge, for respondent.

Prior report: 855 So.2d 290.

VICTORY, J.

At issue in this case is whether the trial court abused its discretion in granting the plaintiff's motion for a new trial. After reviewing the trial record and applicable law, we find that the trial court erred in granting a new trial and therefore reverse that ruling and reinstate the verdict rendered by the jury.

FACTS AND PROCEDURAL HISTORY

Brian Campbell[1] ("Campbell") filed suit against Tork, Inc. for injuries arising from an accident that occurred on February 22, 1995 while Campbell was employed as a finance and insurance manager at Benson BMW/ Isuzu/ Volkswagen, Inc. The accident happened when Campbell arrived at work, attempted to turn off the outside lights by flipping a switch on the timer box, and received a brief electrical shock. Eyewitness evidence suggests that as a result of this shock, Campbell fell against a doorframe, though it is unclear as to whether he lost consciousness.[2] Later that day, after complaining of shortness of breath and dizziness, he was sent to Dr. Marc Acosta, whose practice included treating work-related injuries from the Benson dealerships. The next day, Campbell returned to the job, but was fired a month later for falsifying reports unrelated to the accident. Campbell filed suit in 1996 alleging the electrical shock caused brain damage resulting in escalating *970 cognitive problems, and thus impairing his ability to function normally.

After a six-day trial beginning March 4, 2002, the jury returned a verdict in favor of Campbell for $50,000, which included $25,000 general damages for past physical and mental pain, suffering, and anxiety and $25,000 special damages for past lost wages and employee benefits, but awarded no medical expenses. Campbell then filed alternative motions for a JNOV, Additur, or New Trial. After taking the motions under advisement, on October 31, 2002, the trial judge granted a new trial without issuing reasons.[3]

Following a writ denial by the Fifth Circuit Court of Appeal, we granted the defendants' writ to determine whether the trial judge abused his discretion in granting the plaintiff's motion for a new trial.

DISCUSSION

La. C.C.P. art.1972 provides:

A new trial shall be granted, upon contradictory motion of any party, in the following cases:
(1) When the verdict or judgment appears clearly contrary to the law and the evidence.
(2) When the party has discovered, since the trial, evidence important to the cause, which he could not, with due diligence, have obtained before or during the trial.
(3) When the jury was bribed or has behaved improperly so that impartial justice has not been done.

Additionally, La. C.C.P. art.1973 provides:

A new trial may be granted in any case if there is good ground therefor, except as otherwise provided by law.

As previously indicated, the trial court did not give any reasons for granting a new trial. However, we note that the plaintiff asked for relief under La. C.C.P. arts.1972(1) and 1973. Since the trial judge included no "good ground" for granting a new trial under La. C.C.P. art 1973 in his judgment, and none appears in the record, we conclude that he found the verdict "contrary to the law and the evidence" as stated in La. C.C.P. art.1972(1). Thus, we will examine the trial court's ruling in accordance with the standard for granting or denying a motion for new trial under this provision.

A trial judge may order a new trial if a jury's verdict cannot be supported by "any fair interpretation of the evidence" Martin v. Heritage Manor South Nursing Home XXXX-XXXX (La.4/3/01), 784 So.2d 627, 631-632. As explained in Davis v. Wal-Mart Stores, Inc., 00-0445 (La.11/28/00), 774 So.2d 84:

The fact that a determination on a motion for new trial involves judicial discretion... does not imply that the trial court can freely interfere with any verdict with which it disagrees. The discretionary power to grant a new trial must be exercised with considerable caution, for a successful litigant is entitled to the benefits of a favorable jury verdict. Fact finding is the province of the jury, and the trial court must not overstep its duty in overseeing the administration of justice and unnecessarily usurp the jury's responsibility. A motion for new trial solely on the basis of being contrary to the evidence is directed squarely at the accuracy of the jury's factual determinations and must be viewed in that light. Thus the jury's verdict should not be set aside if it is supportable by any fair interpretation *971 of the evidence [emphasis added]. Davis, supra, 774 So.2d. at 93 (citing Gibson v. Bossier City General Hospital, 594 So.2d 1332 (La.App. 2 Cir. 1991)).[4]

In considering whether to grant a motion for a new trial, "the trial court may evaluate the evidence without favoring either party, it may draw its own inferences and conclusions; and evaluate witness credibility to determine whether the jury had erred in giving too much credence to an unreliable witness." Joseph v. Broussard Rice Mill, Inc. 00-0638 (La.10/30/00), 772 So.2d 94 (citing Smith v. American Indem. Ins. Co., 598 So.2d 486 (La.App. 2d. Cir.)), writ denied, 600 So.2d 685 (La. 1992).

The applicable standard of review in ruling on a motion for new trial is whether the trial court abused its discretion.[5]Martin, supra at 632. In order to apply this standard, "we are faced with the balancing of two very important concepts: the great deference given to the jury in its fact finding role and the great discretion given to the trial court in deciding whether to grant a new trial." Davis, supra 774 So.2d. at 93-94. Though the "[trial] court has much discretion [in determining whether to grant a new trial], this Court will not hesitate to set aside the ruling of the trial judge in a case of manifest abuse." Lamb v. Lamb 430 So.2d 51 (1983). Thus, although "the scales are clearly tilted in favor of the survival of the jury's verdict, the trial court is left with a breadth of discretion which varies with the facts and events of each case." Davis, supra 774 So.2d. at 94.

Although our standard of review is relatively straight-forward, the application of this standard is more complicated. Martin, supra at 632. In order to enable this Court to correctly apply this standard of review, the facts and evidence presented in each case are very important. The trial record must be examined carefully to determine if the trial court abused its discretion in deciding that the jury verdict was not supportable by "any fair interpretation of the evidence." Thus, the evidence and testimony is hereafter examined in order to correctly apply our standard of review.

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870 So. 2d 968, 2004 La. LEXIS 481, 2004 WL 318256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-tork-inc-la-2004.