Griffin v. Manning

633 So. 2d 361, 1993 La. App. LEXIS 4009, 1993 WL 601247
CourtLouisiana Court of Appeal
DecidedDecember 29, 1993
DocketNo. 92 CA 2390
StatusPublished
Cited by1 cases

This text of 633 So. 2d 361 (Griffin v. Manning) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Manning, 633 So. 2d 361, 1993 La. App. LEXIS 4009, 1993 WL 601247 (La. Ct. App. 1993).

Opinion

CRAIN, Judge.

Defendant, State Farm, the plaintiffs uninsured/underinsured motorist carrier (U.M.), appeals a judgment of the district court which resulted when the trial court granted plaintiffs motion for a judgment notwithstanding the verdict1 (JNOV) and increased the jury’s general and special damage award. Plaintiff answers the appeal and seeks an increase in the general damage award she received for temporomandibular joint (TMJ) injury. Finding error in the ruling of the trial court, we reverse the ruling of the trial judge on the motion for the JNOV on the issue of general damages and reinstate the judgment of the jury on the issue of general damages. We amend and affirm the ruling of the trial judge on the motion for the JNOV on the issue of special damages.

The facts out of which this accident arose are not in dispute.

On April 14, 1989, Shirley Griffin was a guest passenger in a vehicle owned and operated by her husband, William Griffin, and insured by State Farm Insurance Company (State Farm). At the time of the accident, the Griffin vehicle was stopped in traffic, in the westbound traffic lane of Florida Boulevard, near Flanney Street, in Baton Rouge. This vehicle was struck in the rear by a vehicle owned and operated by Charles Manning 2 and insured by Andrew Jackson Casualty Insurance Company. (Andrew Jackson)

Shirley Griffin had been involved in another rear-end accident on February 27, of this same year.

Following a jury trial, judgment was rendered in favor of plaintiff and against defendants in the amount of $2500 general damages and $1,500 special damages.' The plaintiff filed a motion for a JNOV and alternatively, a motion for a new trial. The court granted the motion for the JNOV. It rendered judgment in favor of the plaintiff and against defendants, State Farm and Andrew Jackson, in the total sum of $42,838.53, casting Andrew Jackson for $10,000 and State Farm for the balance. The new judgment consisted of a general damage award for cervical injuries in the amount of $10,000; a general damage award for TMJ injuries in the amount of $20,000 and a special damage award in the sum of $12,838.53. In reaching its decision to grant the JNOV the court reasoned as follows:

THE COURT: Again, I reiterate it for the fourth or fifth time, I was shocked that they didn’t give a larger award just for the soft tissue injuries, if nothing else. This is truly a dilemma....
I personally am convinced that the TMJ was there and was a result of the accident sued upon. It’s difficult for me to grant a [363]*363motion for JNOV because I don’t think I’ve ever done it before in all these years, maybe once. I’ve been having an uneasy feeling about this case ever since the jury came in because I think in the colloquial expression, I think they lowballed Mr. Bennett’s client something terrible....

Defendant, State Farm, appeals the judgment of the district court alleging the trial judge erred in granting the plaintiffs motion for a judgment not withstanding the verdict. State Farm contends that reasonable minds could differ, based on the evidence presented, as to the nature and extent of the plaintiffs injuries caused by the accident of April 14, 1989. In answer to the appeal, plaintiff seeks an increase in the general damage award for the TMJ injury from $20,000 to $50,000.

In Anderson v. New Orleans Public Service, Inc., 588 So.2d 829 (La.1991) the Louisiana Supreme Court discussed the criteria to be used in determining when a JNOV is proper. In Anderson, id. at 832 the court stated:

A JNOV is warranted when the facts and inferences point so strongly and overwhelmingly in favor of one party that the court believes that reasonable men could not arrive at a contrary verdict. The motion should be granted only when the evidence points so strongly in favor of the moving party that reasonable men could not reach different conclusions, not merely when there is a preponderance of evidence for the mover. If there is evidence opposed to the motion which is of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motion should be denied. Scott [v. Hospital Service District No. 1, 496 So.2d 270] [(La.1986)], supra. In making this determination, the court should not evaluate the credibility of the witnesses, and all reasonable inferences or factual questions should be resolved in favor of the non-moving party.
In reviewing a JNOV, the appellate court must first determine if the trial court erred in granting the JNOV. This is done by using the aforementioned criteria just as the trial judge does in deciding whether to grant the motion or not, i.e. do the facts and inferences point so strongly and overwhelmingly in favor of the moving party that reasonable men could not arrive at a contrary verdict? If the answer to that question is in the affirmative, then the trial judge was correct in granting the motion. If, however, reasonable men in the exercise of impartial judgment might reach a different conclusion, then it was error to grant the motion and the jury verdict should be reinstated.

Additionally, in Anderson, id., the court addressed the difference between a trial court’s evaluation of damages upon the grant of JNOV on quantum, as contrasted with an appellate court’s treatment of such an issue. The court, in Anderson, id. at 834, states:

The trial judge is in a better position to make a damage assessment than is an appellate court. The trial judge hears the testimony, views the evidence, and is able to evaluate the credibility of the witnesses. Once the jury verdict is set aside under the strict JNOV standards, the trial court is then the trier of fact. It should not be limited by the same constraints placed upon an appellate court reviewing a damage award. The trial judge should make an independent assessment of the damages and award a proper amount of compensation under the facts of the particular case.
The appellate court, in determining whether the trial court erred in granting the JNOV as to quantum, once again uses the criteria set forth in Scott, supra, i.e., could reasonable men in the exercise of impartial judgment differ as to the fact that the jury award was either abusively high or abusively low. If the answer is in the affirmative, then the trial court erred in granting the JNOV, and the jury’s damage award should be reinstated. On the other hand, if the answer is in the negative, then the trial judge properly granted the JNOV, and its damage award based on its independent assessment of the damages is the judgment of the trial court which is reviewed on appeal under the constraints of Coco [v. Winston Industries, Inc., 341 So.2d 332] [(La.1976)], supra.

[364]*364The record reveals the following evidence concerning injury and damages in this case:

(a) Cervical Strain

Shirley Griffin was first involved in an automobile accident on February 27, 1989, when the vehicle in which she was riding was rear ended. She sustained a whiplash-type neck injury. She was transported to the emergency room of a local hospital where she was treated, medication was prescribed, and she was released.

Plaintiff visited Dr. Neal Rockowitz, an orthopedist, on March 3, 1989. She was examined by Dr.

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Bluebook (online)
633 So. 2d 361, 1993 La. App. LEXIS 4009, 1993 WL 601247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-manning-lactapp-1993.