Martinez v. PONDEROSA PRODUCTS, INC.

772 P.2d 1308, 108 N.M. 385
CourtNew Mexico Court of Appeals
DecidedDecember 29, 1988
Docket10001, 10030
StatusPublished
Cited by19 cases

This text of 772 P.2d 1308 (Martinez v. PONDEROSA PRODUCTS, INC.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. PONDEROSA PRODUCTS, INC., 772 P.2d 1308, 108 N.M. 385 (N.M. Ct. App. 1988).

Opinion

OPINION

BIVINS, Judge.

After obtaining a less favorable result following a second jury trial, plaintiff appeals the grant of a new trial following the first trial. The sole issue raised in plaintiff’s appeal is whether the trial court abused its discretion in granting a new trial. Defendant Ponderosa Products, Inc. (Ponderosa) cross appeals from the judgment entered on the verdict following the second trial; however, Ponderosa desires its issues considered only if we reverse on plaintiff’s appeal. Because we affirm the grant of a new trial, we do not reach Ponderosa’s cross appeal.

Plaintiff, a member of the Plumbers and Pipefitters Union and employed by Turco Engineering (Turco), sustained an injury when he and a co-worker attempted to move a heavy motor they had loaded onto a jiffy-lift across a wet concrete floor. Plaintiff slipped on the wet flooring and fell backwards. The jury in the first trial found total damages in the amount of $1,222,156 and apportioned fault 60% to Ponderosa, the owner of the premises where the work was being done; 40% to Turco, plaintiff’s employer; and 0% to plaintiff. Turco is not a party to this action since it provided workers’ compensation coverage. Its carrier, Safeco Insurance Company, seeks reimbursement for benefits paid plaintiff. See Taylor v. Delgamo Transp., Inc., 100 N.M. 138, 667 P.2d 445 (1983).

Ponderosa moved for a new trial. The trial court rejected defendant’s grounds, but sua sponte granted a new trial for the following reasons:

7. The amount of damages, $1,222,-156.00 is not supported by substantial evidence, is against the weight of the evidence, and is so grossly excessive as to require the inference the verdict is the result of passion, prejudice, sympathy, undue influence or mistake in the correct measure of damages.
8. The determination that Plaintiff was not to any degree negligent is not supported by substantial evidence, is against the weight of the evidence and is so contrary to the evidence as to require the inference the verdict is the result of passion, prejudice, sympathy, undue influence or mistake.
9. The Plaintiff, without his attorney’s knowledge, had an agent contact one member of the jury panel and the Court prior to trial and ask such member of the panel and the Court to favor the Plaintiff. When coupled with the large verdict and the determination of liability in favor of the Plaintiff, these acts create a suspicion and impression of misconduct, taints [sic] the verdict and causes [sic] the Court concern as to other possible improprities [sic].

Plaintiff does not challenge the trial court’s authority to grant a new trial, see SCRA 1986, 1-059, only the adequacy of the grounds. The grant or denial of a new trial is a matter resting within the sound discretion of the trial court, and the reviewing court will not reverse absent a manifest abuse of that discretion. Mathis v. Atchison, Topeka & Santa Fe Ry., 61 N.M. 330, 300 P.2d 482 (1956); Adams v. Cox, 55 N.M. 444, 234 P.2d 1043 (1951). In determining whether the trial court abused its discretion, we examine the entire record, not just the portions favorable to plaintiff. Minor v. Homestake-Sapin Partners Mine, 69 N.M. 72, 364 P.2d 134 (1961).

Plaintiff would have us review each ground separately in deciding whether an abuse occurred. However, “ ‘[a]n abuse of discretion is said to occur when the court exceeds the bounds of reason, all the circumstances before it being considered.’ Independent Steel & Wire Co. v. New Mexico Cent. R. Co., 25 N.M. 160, 165-166, 178 P. 842, 844 (1918).” Acme Cigarette Servs., Inc. v. Gallegos, 91 N.M. 577, 580, 577 P.2d 885, 888 (Ct.App.1978) (emphasis added). An appellate court reviewing under the abuse of discretion standard will not reverse a trial judge’s exercise of discretion unless the decision is “clearly untenable, or when it is clearly contrary to the logic and effect of the facts and circumstances of the case[.]” Prudencio v. Gonzales, 104 N.M. 788, 790, 727 P.2d 553, 555 (Ct.App.1986) (citations omitted). When we examine all the circumstances before the trial court, as it did, we find no abuse of discretion.

DAMAGES

Regarding damages, wide latitude is allowed the jury and, unless it appears the amount awarded is so grossly out of proportion to the injury received as to shock the conscience, the court should not substitute its judgment for that of the jury. Mathis v. Atchison, Topeka & Santa Fe Ry. Only when the excessive damages appear to have been given under the influence of passion or prejudice may a new trial be granted for that reason. Id. If excessiveness of the verdict was the only ground for granting a new trial, we might be inclined to agree with plaintiff. He offered evidence of medical expense in excess of $30,000; two surgical procedures; lost earnings of between $191,538 and $217,844, depending on varying wage rates in two areas; and opinion testimony of impaired future earnings of between $1,120,968 and $1,278,468, again depending on the area involved. Additionally, plaintiff would be entitled to consideration as to the nature, extent, and duration of the injury and pain and suffering. SCRA 1986, 13-1806 & -1807. Ponderosa counters this with evidence that the figures for lost earnings and earning capacity would be significantly reduced had the jury considered that plaintiff could have retrained for other employment, and that Dr. Dillman, the economist, did not make a vocational evaluation.

We need not resolve the issue of abuse of discretion on any single ground. All must be considered together. Acme Cigarette Servs., Inc. v. Gallegos. When we examine the other factors which the trial court considered in its decision to grant a new trial, we do not find an abuse of discretion. The other factors could have made it appear to the trial court that the verdict and damages award were the result of undue influence, passion, or prejudice on the jury’s part.

JURY’S DETERMINATION THAT PLAINTIFF WAS NOT NEGLIGENT

In determining that the jury’s finding of no negligence on the part of plaintiff was against the weight of the evidence and not supported by substantial evidence, the trial court undoubtedly considered evidence that the wet floor was obvious to plaintiff; he had complained of it before the accident (albeit for other reasons); was aware others had slipped; and, as job steward for the union with the responsibility to oversee safety, plaintiff had the option of leaving the worksite until any unsafe condition was corrected. As with damages, the question presented does not require us to decide in isolation whether the trial court correctly determined that the jury verdict of no negligence on the part of plaintiff was improper. Although appellate review of the division of fault is exceedingly narrow, see Marcus v. Cortese, 98 N.M.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Chicas v. Bayerische Motoren Werke AG
New Mexico Court of Appeals, 2025
Velasquez v. Regents of Northern N.M. Coll.
2021 NMCA 007 (New Mexico Court of Appeals, 2020)
Estate of Saenz v. Ranack Constructors, Inc.
420 P.3d 576 (New Mexico Supreme Court, 2018)
Saenz v. Ranack Constructors, Inc.
2018 NMSC 32 (New Mexico Supreme Court, 2018)
Christopherson v. St. Vincent Hospital
2016 NMCA 097 (New Mexico Court of Appeals, 2016)
Estate of Saenz Ex Rel. Saenz v. Ranack Constructors, Inc.
2015 NMCA 113 (New Mexico Court of Appeals, 2015)
Estate of Saenz v. Ranack Constructors, Inc.
New Mexico Court of Appeals, 2015
Simons v. Quintana
New Mexico Court of Appeals, 2012
Fain v. Romero
New Mexico Court of Appeals, 2012
Bradley v. Lovelace
New Mexico Court of Appeals, 2009
Gonzales v. Livingston
New Mexico Court of Appeals, 2009
Sandoval v. Baker Hughes Oilfield Operations, Inc.
2009 NMCA 095 (New Mexico Court of Appeals, 2009)
Abeita v. Northern Rio Arriba Electric Cooperative
1997 NMCA 097 (New Mexico Court of Appeals, 1997)
Rhein v. ADT Automotive, Inc.
1996 NMSC 067 (New Mexico Supreme Court, 1996)
Drake v. Trujillo
924 P.2d 1386 (New Mexico Court of Appeals, 1996)
Kueffer v. Kueffer
791 P.2d 461 (New Mexico Supreme Court, 1990)
Archuleta v. New Mexico State Police
775 P.2d 745 (New Mexico Court of Appeals, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
772 P.2d 1308, 108 N.M. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-ponderosa-products-inc-nmctapp-1988.