Martineau v. Anderson

636 P.2d 1039, 1981 Utah LEXIS 871
CourtUtah Supreme Court
DecidedSeptember 1, 1981
DocketNo. 16923
StatusPublished
Cited by4 cases

This text of 636 P.2d 1039 (Martineau v. Anderson) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martineau v. Anderson, 636 P.2d 1039, 1981 Utah LEXIS 871 (Utah 1981).

Opinions

HALL, Chief Justice:

Plaintiff appeals the judgment entered in a personal injury action arising from an automobile accident and seeks a new trial on the issue of damages.

On May 15, 1972, plaintiff (then age 16) was a passenger in a car driven by her mother. The car was proceeding in the far left lane, headed east on Interstate 80 in Salt Lake County when it was struck on the right side by a car driven by defendant Mary Christine Anderson. The Martineau vehicle bounced between the Anderson vehicle and a bridge abutment before stopping.

After the accident, plaintiff suffered discomfort, particularly headaches. That evening, she was taken to the home of Dr. Reed Fogg, an orthopedic physician, who examined her and prescribed muscle relaxants and pain pills.

The next day, plaintiff was unable to attend school because of her physical condition. That night, however, she performed in a ballet review, after having been assured by her doctor that the performance would not aggravate her injuries.

Several days later, plaintiff was examined by Dr. Fogg in his office, at which time plaintiff was diagnosed as suffering from a loss of the normal lordotic curve of the cervical spine and associated muscle spasms. Further x-rays taken of the lower back in April, 1973, showed that plaintiff suffered from a congenital condition known as spondylolisthesis. Testimony at trial was that this is normally caused by a slipping separation of the back portion of the lower [1041]*1041vertebra. Sometime between the accident in 1972 and the time when plaintiff had her deposition taken (December, 1976), plaintiff also sustained a shoulder injury in a motorcycle accident.

After the accident of 1972, plaintiff continued to participate in various physical activities, including gymnastics in high school and competitive diving in college. Plaintiff claims that throughout all of this, her back pain was a continual source of frustration and an obstacle to her accomplishments. Ultimately, she stopped attending college (the reasons for which are in dispute), married, and had a child.

Plaintiff filed her complaint on May 13, 1976. After numerous delays, the case was tried to a jury in January, 1980. Evidence was presented from which the jury could have attributed all or none of plaintiff’s pain to the accident. Following presentation of the evidence, plaintiff moved for a directed verdict as to liability. Said motion was denied and the case was submitted to the jury on general verdicts. The verdict favoring the plaintiff required the jury to assess both general and special damages.

The jury returned with a verdict in favor of plaintiff. The trial court examined the verdict and, apparently noting a discrepancy in the form of the verdict, called counsel to the bench for a side bar conference. This conference is not a part of the record, but no doubt the content of the verdict was discussed at that time. Thereafter, the court went back on the record and indicated that it was not clear to the court as to whether the damages found were general or special damages. The jury foreman explained that the award was for special damages. Thereupon, the court further instructed the jury that if they found special damages, they also had to find general damages, even though they (general damages) might be nominal. Neither counsel asked to see the verdict. The jury was then sent out to further consider their verdict.

The jury later returned with a new verdict which read as follows:

General Damages $ 204.00_
$20.00 annually for 47 years
Special Damages Total $940.00_
TOTAL $_1144.00_

The clerk read the verdict and the jury was polled. The jury was then excused.1 Thereupon, the following colloquy occurred between the court and counsel:

THE COURT: Well, it’s a total of $1,144. They have the total on special damages as $940, and $204 as special [sic] damages. But the reason I couldn’t figure it out is they’ve got this twenty percent [sic] annually for 47 years. You can look at it. It probably should have been included in general damages rather than in specials. But they did total it up right.
[Plaintiff’s Counsel]: Well, your Honor, obviously they have not either followed the instructions or don’t understand them.
THE COURT: What they did, they had the total on there before. You see, it totals up. But, they didn’t have the $204 in the general. Put in the general. The rest of it was as it is now. And it just didn’t total. But I thought that they had — that they were describing general, which is what it was.
The Jury verdict will stand. Anything else to come before the Court?
[Defendant’s counsel]: I have nothing, your Honor.
[Plaintiff’s counsel]: Your Honor, we do consider that a wild verdict. We do ask for a new trial on that basis.
THE COURT: You take whatever remedy you see fit. But we’re not going to cover that today.

Judgment on the verdict was entered on January 16, 1980. On January 25, 1980, plaintiff moved for a new trial, which motion was denied. Plaintiff now appeals from the judgment on the verdict and from the order denying a new trial.

Plaintiff alleges error in the trial court’s refusal to direct a verdict on the issue of liability. Given the decision reached by the jury, the court’s refusal to [1042]*1042direct a verdict is moot.2 As stated in Phillips v. Smith:3

... [Assuming the trial court erred in denying the motions we fail to see how plaintiffs were harmed. ... The jury found for plaintiffs on liability. They assert that an unnecessary battle by the jury on the question of liability led it to compromise on the award. This is pure speculation.

Likewise in the instant case, the liability issue having been decided in favor of plaintiff, error (if any) in refusing to direct a verdict in favor of plaintiff is rendered harmless.4

Plaintiff also challenges the jury verdict and alleges that it is legally insufficient, not supported by the evidence and shows jury confusion or misconduct.

Defendants concede that the first verdict returned to the court may have been insufficient. Pursuant to further instructions from the court, however, the jury corrected the insufficiency to include both general and special damages. Nevertheless, plaintiff contends that the $940 was improperly, designated “special damages” and that when properly included as “general damages,” there were actually no “special damages” awarded. The jury’s failure to find any special damages, claims plaintiff, was clearly erroneous in light of the evidence presented at trial.

Defendants agree that in light of the explanation “$20.00 annually for 47 years,” the $940 should have been designated “general damages.” Defendants suggest, however, that the “error in form” pertains also to the $204 award which was really special damages and that such an award is not insufficient. Plaintiff presented evidence showing that as a result of her accident, shé had spent in excess of $300 as medical expenses and had loss of wages of $1,200.5

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Bluebook (online)
636 P.2d 1039, 1981 Utah LEXIS 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martineau-v-anderson-utah-1981.