McFarland v. Cromer

453 S.E.2d 527, 117 N.C. App. 678, 1995 N.C. App. LEXIS 63
CourtCourt of Appeals of North Carolina
DecidedFebruary 7, 1995
DocketNo. 9419SC221
StatusPublished
Cited by3 cases

This text of 453 S.E.2d 527 (McFarland v. Cromer) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McFarland v. Cromer, 453 S.E.2d 527, 117 N.C. App. 678, 1995 N.C. App. LEXIS 63 (N.C. Ct. App. 1995).

Opinion

WALKER, Judge.

Decedent Kenneth Carr died on 22 September 1990 as a result of injuries sustained in an automobile accident in Idaho on 20 September 1990. The accident was caused by the negligence of defendant Cromer, a resident of Randolph County, North Carolina. Carr and Cromer were then members of the United States Navy assigned to a nuclear systems training facility in Idaho. Decedent Carr’s mother, Janette McFarland, qualified as administratrix of his estate. On 27 July 1992, McFarland filed suit in Randolph County Superior Court against defendant. The matter came on for jury trial and defendant admitted negligence causing the decedent’s death. The case was tried solely on the issues of comparative negligence and damages.

[681]*681Plaintiff’s evidence showed that at the time of his death, her son was in excellent health, enjoyed the Navy, excelled in the nuclear power program, and that she and her son had enjoyed a close relationship. She also testified that her son would occasionally send her money from his Navy paycheck. Plaintiffs expert, Dr. Finley Lee, an economist, expressed the opinion that the Estate suffered an economic loss of $160,826.00 as a result of Carr’s death, though he could not estimate what amount, if any, plaintiff would have received in the way of support from her son. Plaintiff also introduced medical expenses of $24,977.61 that had been paid by the United States Navy and funeral expenses of approximately $5,000.00 which included charges for flowers and a luncheon.

Defendant testified that he had become friends with Carr while both were serving in the Navy and that he, Carr, and other friends socialized together and sometimes drank alcoholic beverages together. Defendant testified that on the day of the fatal accident, he and Carr had been drinking and that Carr was aware of this fact when he agreed to ride with defendant to and from a desert shooting range. Further, defendant introduced, over plaintiff’s objection, evidence that Carr had in the past consumed alcoholic beverages and had ridden with other drivers who had been drinking. Plaintiff’s motion for a directed verdict on the issue of comparative negligence was denied.

The jury, after being instructed to apply the law of Idaho, awarded plaintiff $2,890.00 in damages, finding defendant 51% at fault and decedent Carr 49% at fault. Plaintiff’s motion for a new trial was denied, and the trial court entered judgment in accordance with the jury verdict, subject to further proceedings if defendant filed post-trial motions. On 15 October 1993, plaintiff filed a motion for a new trial. Four days later, defendant filed motions to alter or amend the judgment and to strike plaintiff’s motion on the ground that it had already been decided by the court.

All post-trial motions were heard on 28 October 1993. The trial court added plaintiff’s medical expenses of $24,977.61 to the jury award of $2,890.00, reduced the total by 49% to $14,212.48, and set off this amount against collateral sources totalling $86,677.61 (including $24,977.61 in medical expenses paid by the Navy). The trial court then entered judgment that plaintiff recover nothing and signed an order denying plaintiff’s motion for a new trial.

Plaintiff’s first assignment of error is that the trial court erred in refusing to set aside the jury award as inadequate as a matter of law [682]*682because the jury incorrectly omitted an award for medical expenses and other damages in spite of uncontradicted evidence of such damages, and gave an award for only part of the funeral expenses. Plaintiff argues that the inadequacy of the award suggests the verdict was the result of an impermissible compromise; therefore, a new trial on the issues of damages and comparative negligence should be granted.

Rule 59 of the North Carolina Rules of Civil Procedure provides that a new trial may be granted on the grounds of “[E]xcessive or inadequate damages appearing to have been given under the influence of passion or prejudice....” N.C. Gen. Stat. § 1A-1, Rule 59(a)(6) (1994). Whether to grant a Rule 59 motion for a new trial on the grounds of excessive or inadequate damages is within the sound discretion of the trial judge, and the judge’s decision may be reversed on appeal only when such decision amounts to a “manifest abuse of discretion.” Worthington v. Bynum, 305 N.C. 478, 482, 290 S.E.2d 599, 602 (1982).

Plaintiff relies on the case of Robertson v. Stanley, 285 N.C. 561, 206 S.E.2d 190 (1974), in support of her motion for a new trial. In Robertson, the North Carolina Supreme Court reversed a trial court’s denial of a motion for a new trial based on inadequate damages because it was clear that the jury had ignored uncontradicted proof of damages for pain and suffering. Id. at 568, 206 S.E.2d at 195. Robertson is distinguishable from the instant case in two significant ways. First, Robertson dealt exclusively with the issue of damages for pain and suffering. Under Idaho law, pain and suffering is not an element of damages recoverable in a wrongful death action. See Idaho Code § 5-311 (1994); Vulk v. Haley, 736 P.2d 1309, 1313 (1987); Idaho Pattern Jury Instruction 911-1. Second, the proof of pain and suffering in Robertson was uncontradicted, and the jury’s failure to award damages for pain and suffering was determined by the Court to be arbitrary and improper. Id. at 566, 206 S.E.2d at 193-94. In the instant case, the jury heard evidence of the Navy’s payment of Carr’s medical expenses, of the funeral expenses incurred, and of the economic loss damages; however, it was for the jury to weigh this evidence and to determine what damages, if any, the plaintiff was entitled to recover. The evidence of damages was conflicting, and the jury was free to believe or disbelieve plaintiff’s evidence. Smith v. Beasley, 298 N.C. 798, 801, 259 S.E.2d 907, 909 (1979). There is nothing in the record to indicate that the jury award was influenced by passion or prejudice, as plaintiff claims. Therefore, under the standard enunciated in Rule [683]*68359, it was not a manifest abuse of discretion for the trial judge to uphold the jury’s verdict and to deny plaintiffs motion for a new trial.

We note that any failure of the jury to award plaintiff an amount equal to the medical bills was cured by the trial court’s additur of $24,977.61. Furthermore, since a set-off of $86,677.61 from collateral sources was required, obviously plaintiff’s verdict would have to have exceeded this sum or she would recover nothing. Therefore, we agree with defendant that any purported error by the jury on its failure to award medical and funeral expenses was harmless.

Plaintiff’s second assignment of error is that the trial court erred in overruling plaintiff’s objection to the admission of evidence of Carr’s past drinking habits.

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

Related

King v. Brooks
224 N.C. App. 315 (Court of Appeals of North Carolina, 2013)
Hughes v. Rivera-Ortiz
653 S.E.2d 165 (Court of Appeals of North Carolina, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
453 S.E.2d 527, 117 N.C. App. 678, 1995 N.C. App. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-v-cromer-ncctapp-1995.