Hotel Associates of Utah & Colorado v. Holiday Inns, Inc.

152 F.R.D. 206, 1993 U.S. Dist. LEXIS 16677, 1993 WL 491950
CourtDistrict Court, D. Utah
DecidedNovember 18, 1993
DocketCiv. No. 90-C-929G
StatusPublished
Cited by3 cases

This text of 152 F.R.D. 206 (Hotel Associates of Utah & Colorado v. Holiday Inns, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hotel Associates of Utah & Colorado v. Holiday Inns, Inc., 152 F.R.D. 206, 1993 U.S. Dist. LEXIS 16677, 1993 WL 491950 (D. Utah 1993).

Opinion

MEMORANDUM DECISION AND ORDER

J. THOMAS GREENE, District Judge.

This matter came before the court October 1, 1993, on defendant’s Motion for Reconsideration. Plaintiffs, Hotel Associates of Utah and Colorado and Reina California Corporation, (“Hotel Associates”), were represented by Ralph J. Marsh and John S. Huiskamp. Defendant Holiday Inns, Inc. was represented by Allan L. Sullivan and Kathryn H. Snedaker. The matter had been fully briefed and argued. The court orally granted the motion for reconsideration and reversed its earlier ruling granting a new trial. The court hereby supplements its bench ruling with the following Memorandum Decision and Order.

PROCEDURAL BACKGROUND

Following a two-week jury trial, a Special Verdict was returned by the jury on three separate occasions.1 As published by the court, plaintiff Hotel Associates was awarded nothing by way of damages. As originally presented, the jury’s unpublished Special Verdict would have awarded Hotel Associates $1,111,512 in damages.

When the jury first returned and the foreman had announced that a unanimous verdict had been reached, after publication of a portion of the verdict, the court noticed a possible failure of the jury to have read and correctly followed instructions on the original special verdict. The court directed the jury to resume deliberations and to reread the instructions in the special verdict form to be sure that the answers were as intended in light of the instructions. The jury returned for the second time and was given certain clarifying instructions, after which deliberations were resumed. The jury returned for the third time rendering a final verdict, which was published by the court, in favor of defendant Holiday Inns and against Hotel Associates. Thereafter, Hotel Associates moved for judgment on the verdict, to reinstate the original verdict or in the alternative for a new trial.

On July 9, 1993, the court heard arguments on plaintiffs’ motion. Hotel Associates argued that they were entitled to a new trial because the court had “coerced” the jury into striking the damages which the jury had intended to award to Hotel Associates.2 The court concluded that while it did not coerce the jury, a new trial on the contract claim3 [208]*208was warranted because the jury was confused.

Holiday Inns has moved the court to reconsider its decision rendered July 9, for three reasons: first, that juror confusion, or possible confusion, is an insufficient justification to set aside a jury verdict and to grant a new trial; second, this jury was not confused on the issue of excuse; and third, that Hotel Associates created any confusion the jury might have experienced and a party who creates confusion at trial cannot later complain of that confusion.

FACTUAL BACKGROUND

On the evening of May 10, and the early morning of May 11, 1993, the jury returned with a verdict three separate times before the verdict was fully published by the Court. The chronology of the evening is set forth below in considerable detail.

The First Return:

The jury returned with its completed answers to all questions in a Special Verdict.4 After the Deputy Clerk of the Court publish[209]*209ed the first four answers in the verdict, the court noted that although the jury had answered ‘Yes” to question 2, it answered questions 5 through 7, contrary to the instruction preceding question 5.5 The court halted publication of the verdict and the jury was then asked to retire again, and in view of the instruction preceding question 5, to determine whether the jury “had intended in connection with that instruction to go forward from that point.”6 Reporter’s Transcript of May 10, 1993, p. 4.

The Second Return:

The jury returned for the second time, and the foreman stated to the court, “Your Hon- or, I think we have learned to read the instruction properly this time.” Id. At this point, the jury had changed its answers to questions 5 and 6 from ‘Yes” to “No” and had stricken the damages amount in question 7.

Upon further review of the verdict form it appeared to the court that the instruction preceding question 5 contained inconsistent directions. On one hand, the jury was directed to skip questions 5 through 7 if the answer to question 2 was “Yes.” On the other hand, the instruction directed the jury to answer questions 5 through 7 if the answer to questions 2, 3, or 4 was “No.” Question two was answered “Yes” and questions three and four were answered “No.”

The court explained to the jury that the intent of the instruction was that an affirmative answer to question 2 would resolve the contract cause of action in its entirety “and there would be no need to answer any further questions on the breach of contract issues.” Id. at 6. The court queried counsel [210]*210whether they agreed that such was the intent of the direction preceding question 5. Id. Counsel for Holiday Inns agreed. Id. Counsel for Hotel Associates expressed concern that question 2 did not adequately address which breach by Holiday Inns was excused by Hotel Associates’ failure to perform. The following colloquy ensued:

Mr. Marsh: My question is number 2 asked, is any breach of contract by Holiday Inns excused. In my mind the question is which one we’re talking about, more than one breach. One could be excused and— The Court: We’ve referred in Question Number 1, do you find by a preponderance of the evidence that Holiday Inns breached any of the provisions of the management agreement and Question Number 2 has to do with was any such breach of contract excused.
If you found that there was a breach of contract, was any such breach of contract excused.
Mr. Marsh: What I’m suggesting, that doesn’t answer the question as to whether all of the breaches were excused.
The Court: Well ... I think the intent was that if there was any breach of any, any such breach that has been found to exist, if it was excused. It may be if you both agree that we should change that to ... were any and all breaches of the contract by Holiday Inns excused.
Mr. Sullivan: Your Honor, I think the question is fine as it is in light of the court’s instruction....
The Court: Well, I’m simply going to state to the jury what the intent was ... I’m going to make it clear if there is any lack of clarity ... So that Number 2 reads, were any and all breaches of contract by Holiday Inns which you find to exist, to have occurred, excused. Now with that understanding of Question Number 2, you [members of the jury] should review again the instruction at the top of page 3 prior to the answer, to the giving of Number 5----

Id. at 7-8 (emphasis added). Pursuant to the above discussion, question 2 of the verdict form was modified in open court by interlineation.7 The court then returned the verdict form to the foreman and directed the jury to recommence its deliberations.

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Bluebook (online)
152 F.R.D. 206, 1993 U.S. Dist. LEXIS 16677, 1993 WL 491950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hotel-associates-of-utah-colorado-v-holiday-inns-inc-utd-1993.