Ma v. Bryan

2010 ME 55, 997 A.2d 755, 2010 Me. LEXIS 53, 2010 WL 2521732
CourtSupreme Judicial Court of Maine
DecidedJune 24, 2010
DocketDocket: Cum-09-447
StatusPublished
Cited by25 cases

This text of 2010 ME 55 (Ma v. Bryan) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ma v. Bryan, 2010 ME 55, 997 A.2d 755, 2010 Me. LEXIS 53, 2010 WL 2521732 (Me. 2010).

Opinion

GORMAN, J.

[¶ 1] Shelly Ma and Nghia Lam, individually and on behalf of their two children (Ma), appeal from a judgment entered in the Superior Court (Cumberland County, Warren, J.) on a jury verdict in favor of Patrick J. Bryan on Ma’s complaint for negligence and loss of consortium in connection with a motor vehicle accident. Ma contends that insufficient evidence exists in the record to support the jury’s verdict, and that the court erred in denying Ma’s motion for a new trial on this basis. We affirm the judgment.

I. FACTS AND PROCEDURE

[¶ 2] Because the jury found in favor of Bryan, we are required to view the evidence presented at trial in the light most favorable to him. See Cates v. Donahue, 2007 ME 38, ¶ 9, 916 A.2d 941, 943. On the morning of March 9, 2002, Shelly Ma was driving southwest on Warren Avenue in Portland. Ahead of Ma on the right, Bryan was exiting a parking lot and attempting to make a left turn onto Warren Avenue in order to head northeast. Bryan came to a full stop at the edge of the parking lot and first looked left because the closest traffic was coming from that direction and because he planned to turn in that direction. He saw a pickup truck approaching him on Warren Avenue, but noted that it had its right blinker on and was moving into the right-hand turn lane about two hundred feet from him, indieat-ing that the truck was turning right into the parking lot from which Bryan was exiting. 1 Bryan saw no other vehicles approaching him from the left. He then looked right and saw no traffic coming from that direction that would interfere with his intended left turn. He pulled forward and, as he pulled forward, he looked to his left again. Bryan then immediately saw and collided with Ma.

[¶ 3] In 2007, Ma filed a complaint against Bryan in the Superior Court asserting claims for negligence and loss of consortium. The court conducted a jury trial in June of 2009. The verdict form required the jury to first determine the compound question, “Was Patrick Bryan negligent and was his negligence a cause of the March 9, 2002[,] accident?” The jury responded in the negative, and thus returned a verdict in favor of Bryan. The court denied Ma’s subsequent motion for a new trial in which she argued that the verdict was manifestly wrong. See M.R. Civ. P. 59(a). Ma timely appeals.

II. DISCUSSION

[¶ 4] Ma contends that the court erred in denying her motion for a new trial. She argues, as she did before the trial court, that the jury’s verdict was not supported by the evidence, and that Bryan was negligent as a matter of law pursuant to 29-A M.R.S. § 2053(4) (2009). 2 We review the factual findings underlying a motion for new trial for clear error, and the court’s ultimate disposition on the motion for an abuse of discretion. Estate of Fournier, 2009 ME 17, ¶ 11, 966 A.2d 885, 888-89.

*758 [¶ 5] In considering Ma’s motion, the trial court aptly wrote:

In this case, while the jury could certainly have reached a different result, the court cannot conclude that there was no credible evidence to support the jury’s verdict. From Mr. Bryan’s testimony, the jury could have concluded that Mr. Bryan looked to his left, saw only a truck that was positioned to take a right turn into the parking lot, estimated that he had enough time to pull out, then looked to his right and proceeded to cross the roadway. From the testimony and from photographic evidence, the jury could have concluded that it was not negligent for Mr. Bryan to have proceeded to pull out and cross Warren Avenue given the facts adduced at trial. Specifically, the jury could have concluded that, under the particular circumstances of this ease, Mr. Bryan was not negligent just because he did not glance to his left a second time.
In order to reach its verdict, moreover, the jury did not actually have to conclude that Mr. Bryan was not negligent. It only had to conclude that plaintiffs had not proven by a preponderance of the evidence that Mr. Bryan was negligent. The jury could have concluded that there was an equal possibility either (1) that, with no negligence on Mr. Bryan’s part, his view of Ms. Ma’s vehicle was obscured by the truck or (2) that, because Ms. Ma was exceeding the speed limit, Mr. Bryan’s estimate that he had enough time to cross the avenue (when he looked to his left and saw only the truck) was reasonable but proved to be incorrect.

We decline to disturb this carefully considered and well-reasoned decision.

[¶ 6] As the plaintiff and the party with the burden of proof at trial, Ma can succeed in challenging the verdict on appeal only if she can establish that the jury was compelled to find in her favor on each element of her claims. See Irish v. Gimbel, 2000 ME 2, ¶ 8, 743 A.2d 736, 738. This is no easy task, given that the jury was not required to believe any of Ma’s testimony, even if that testimony was not disputed by Bryan. See Dionne v. LeClerc, 2006 ME 34, ¶ 15, 896 A.2d 923, 929.

[¶ 7] Furthermore, the jury is permitted to draw all reasonable inferences from the evidence. Garland v. Roy, 2009 ME 86, ¶ 17, 976 A.2d 940, 945. We have previously defined an inference as “a deduction as to existence of a fact which human experience teaches us can reasonably and logically be drawn from proof of other facts.” Ginn v. Penobscot Co., 334 A.2d 874, 880 (Me.1975) (quotation marks omitted). Here, the jury reasonably could have inferred that Ma was speeding, or following the truck too closely, for example. As the court pointed out, the jury may have concluded that the reason Bryan did not see Ma at the time was because she was not there to be seen. Indeed, Bryan testified that he returned to the accident scene the next day to figure out “how ... [Ma’s] car [got] there that fast.” Even if Ma’s testimony that she was not speeding was not controverted, the jury is not required to find that she was not speeding, and is not required to accept her version of the accident.

[¶ 8] Significantly, we have never vacated a jury verdict in favor of the defendant on the ground that the jury was compelled to find in favor of the plaintiff in a motor vehicle negligence case. We accord significant deference to jury verdicts because the jury is best situated to evaluate the credibility and demeanor of witnesses. The trial court, acting on a motion for a new trial is also due some level of deference because it, too, saw and heard the witnesses; our review of a transcript is a distant third. See Markley v. Semle, *759 1998 ME 145, ¶ 19, 713 A.2d 945, 950 (“The sifting and weighing of evidence is peculiarly the function of the trier.” (quotation marks omitted)); Marr v. Shores, 495 A.2d 1202

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Bluebook (online)
2010 ME 55, 997 A.2d 755, 2010 Me. LEXIS 53, 2010 WL 2521732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ma-v-bryan-me-2010.