Dana Companies v. Crawford

35 A.3d 1110
CourtSupreme Court of Delaware
DecidedDecember 14, 2011
DocketNos. 108, 2011, 109, 2011
StatusPublished
Cited by4 cases

This text of 35 A.3d 1110 (Dana Companies v. Crawford) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dana Companies v. Crawford, 35 A.3d 1110 (Del. 2011).

Opinion

JACOBS, Justice:

Defendants below Dana Companies (“Dana”) and Zoom Performance Products (“Zoom”) appeal from a Superior Court order denying their post-trial motions for judgment as a matter of law or, alternatively, for a new trial. A Superior Court jury found those defendants partially liable for asbestos-related mesothelioma suffered by the decedents, Bruce Henderson (“Bruce”) and his mother, Elizabeth Henderson (“Elizabeth”) (collectively, the “Hendersons”). The trial court denied the defendants’ motions on the ground that the jury verdict was supported by sufficient evidence.

The jury awarded $80,000 to Elizabeth’s heirs for her pain and suffering, and $0 to Bruce Henderson for loss of consortium resulting from his mother’s wrongful death. The plaintiffs below, who are the Hendersons’ legal representatives and surviving Henderson family members (“plaintiffs”), cross appeal from the trial court’s denial of their separate motions for additur or, alternatively, a new trial on damages.

On the principal appeal by appellants Dana and Zoom, we affirm the trial court’s judgment on the basis of its well-reasoned opinion. On the cross appeal by the plaintiffs below, appellees, we find that the trial court committed legal error in ruling on the plaintiffs’ additur motion, and also that the court erroneously failed to address a potentially determinative issue of Louisiana law. Therefore, we reverse in part the trial court’s additur ruling, and remand the case for proceedings consistent with this Opinion.

[1112]*1112 FACTUAL AND PROCEDURAL BACKGROUND

Because on the principal appeal by defendants Dana and Zoon, we affirm the trial court’s judgment on the basis of the trial court’s opinion, the facts set forth below relate solely to the plaintiffs’ cross appeal of the lower court’s denial of addi-tur or, alternatively, a new trial on damages.

The Hendersons owned and operated a car repair business in Louisiana for four decades. Both Elizabeth and Bruce were found to have been exposed to asbestos while operating the business during that period. That exposure allegedly resulted from their handling of certain car parts used in the shop, and also to the Hendersons’ proximity to a nearby carbon plant where scrap asbestos was released into the environment. Bruce was diagnosed with mesothelioma less than a year after Elizabeth died of that disease in 2008. Bruce died in early 2010. Family members of the Hendersons brought suit against numerous defendants, both repre-sentatively and individually, claiming that Bruce and Elizabeth suffered tortious exposure to asbestos and resulting wrongful death.

Before trial, the plaintiffs’ claims against all defendants except for Zoom and Dana were either settled or dismissed. The claims against Dana and Zoom proceeded to trial and were submitted to a jury. The trial court instructed the jury as follows:

The plaintiffs in this case have alleged a number of claims against defendants .... Although these claims have been tried together, each is separate, and you are to separately consider each claim. Therefore, in your deliberations, you should consider the evidence as it relates to each claim separately, as you would have if each claim had been tried before you separately.

The court also instructed the jurors that “[y]our verdict must be based solely on the evidence in this case” and that “[y]our award should be just and reasonable in light of the evidence and reasonably sufficient to compensate each individual plaintiff for whom you determine compensatory damages are appropriate.”

The jury found Zoom and Dana partially liable for both Hendersons’ fatal disease, and awarded a total of $500,000 to four of the plaintiff family members for loss of consortium resulting from the wrongful death of Elizabeth. Bruce, however, was awarded $0 for his mother’s wrongful death. Elizabeth’s estate was awarded $80,000 in damages for her pain and suffering, and Bruce’s estate was awarded $1.16 million for his pain and suffering.

After trial, the plaintiffs moved for addi-tur or for a new trial on damages. Plaintiffs claimed that the awards of $0 to Bruce for the wrongful death of his mother and of $80,000 for Elizabeth’s pain and suffering were legally inadequate, given the far greater amounts awarded in similar cases. In denying relief with respect to the pain and suffering award, the trial judge explained that:

[T]he $80,000 award for Elizabeth’s pain and suffering cannot be parsed or evaluated in isolation without consideration of the additional $500,000 that the jury awarded on the wrongful death claim. While these awards are made on distinct conceptual grounds, the jury was obviously cognizant that the combined total of both awards were to be shared by the same four beneficiaries.

As for the $0 award for Bruce’s loss of consortium resulting from Elizabeth’s death, the trial court noted that “there is some question under Louisiana law as to whether the jury could legally award damages to Bruce since he was not a ‘surviv-[1113]*1113mg’ son of Elizabeth at the time of trial.” The court did not reach that legal issue, however. Instead, it upheld the $0 award on the basis that “the jury’s verdict reflects ... attention to the fact that awarding wrongful death damages to a deceased son without a surviving spouse or children would have made little sense.” “[T]he jury was obviously well aware” (the court added) that “the total amount they were awarding — no matter how the sums were labeled — would be shared by the same four beneficiaries.”

ANALYSIS

We review the denial of a motion for additur for abuse of discretion.1 Questions of law are reviewed de novo. “[T]his Court interferes with the verdict of the jury only with great reluctance.”2 A court should set aside or alter a jury award only if “it is ‘clear that the award is so grossly out of proportion to the injuries suffered as to shock the [trial judge’s] conscience and sense of justice.’ ”3

What considerations may permissibly be taken into account by a jury in determining a damages award, is a question of law. It is error for a trial court to uphold a jury verdict that is contrary to the jury instructions.4 Moreover, “in deciding whether or not to grant additur or a new trial as to damages, a court may consider only the facts that were placed into evidence ” to prove the claim.5

1. The $80, 000 Pain and Suffering Award

The trial court upheld the verdict awarding Elizabeth’s heirs $80,000 for her pain and suffering. That verdict, however, was contrary to the court’s instructions to the jury. In denying additur, the trial court stated that “the jury was obviously cognizant that the combined total of both awards were to be shared by the same four beneficiaries.” That statement cannot be reconciled with the court’s instruction to the jury to “consider the evidence as it relates to each claim separately, as ... if each claim had been tried before you separately.” The instruction was correct.6 The inconsistent statement in the court’s opinion was erroneous.

We therefore remand the case to the trial court to reconsider whether addi-tur is warranted.

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Bluebook (online)
35 A.3d 1110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dana-companies-v-crawford-del-2011.