Miller v. Swift

42 S.W.3d 599, 2001 Ky. LEXIS 9, 2001 WL 62822
CourtKentucky Supreme Court
DecidedJanuary 25, 2001
Docket1999-SC-0991-DG
StatusPublished
Cited by23 cases

This text of 42 S.W.3d 599 (Miller v. Swift) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Swift, 42 S.W.3d 599, 2001 Ky. LEXIS 9, 2001 WL 62822 (Ky. 2001).

Opinions

KELLER, Justice.

I. ISSUE

In this automobile accident case, the jury awarded Susan Miller damages for medical expenses and lost wages but awarded no damages for pain and suffering by writing a zero (“0”) on that portion of the verdict form. Miller contends that the trial court erred in denying her motion for a new trial which alleged that the jury’s zero pain and suffering award was inadequate as a matter of law because it was inconsistent with the jury’s award of damages for medical expenses and lost wages. Because the evidence at trial supported a finding by the jury that Miller did not suffer additional pain as a result of the accident, we find the jury’s pain and suffering award legally proper and hold that the trial court acted within its discretion in denying Miller’s motion for a new trial.

[600]*600II. FACTS

Miller, the operator of one of the automobiles involved in a two-automobile accident, initiated this personal injury action against the operator of the other vehicle, Roger Swift.1 Miller sought to recover damages for personal injuries she allegedly suffered as a result of the accident. Both Miller and Swift asserted that the other was responsible for the accident. The jury found both at fault and returned a verdict which apportioned 60% of the fault to Swift and 40% to Miller.

In addition to seeking recovery for her medical expenses and lost wages, Miller sought damages for pain and suffering. Miller claimed that the accident resulted in enhanced pain in addition to the pain she suffered prior to the accident from rheumatoid arthritis, carpal tunnel syndrome, gastritis and problems with her knee and shoulder. Based on the pain associated with Miller’s pre-existing condition, however, Swift claimed that Miller suffered no additional pain as a result of the accident. A considerable amount of testimony during the three-day trial related to the question of Miller’s damages for pain and suffering.

The jury returned a verdict2 awarding Miller damages as follows:

(a) For her pain and suffering which she has endured in the past, and is reasonably certain to endure in the future, (not to exceed $30,000.00, the amount claimed); $ 0
(b) For her past medical expenses, (not to exceed $5,951.11, the amount claimed); $3570.67
(c) For her lost wages, (not to exceed $2,831.36, the amount claimed); $1698.82

Miller filed a motion for a new trial3 on the ground that the jury’s pain and suffering award was inadequate as a matter of law. The trial court denied Miller’s motion for a new trial and entered judgment4 upon the jury’s verdict. The Court of Appeals, in a split 7-6 en banc5 opinion, affirmed the trial court’s judgment and denial of Miller’s motion for new trial. Miller sought discretionary review in this Court, which we granted, and we now affirm the Court of Appeals.

III. STANDARD OF REVIEW

Miller alleges that the trial court erred when it denied her motion for a new [601]*601trial. Our review, therefore, is limited to whether the trial court’s denial of her motion was clearly erroneous:

Our recent decision in Cooper v. Fultz, Ky., 812 S.W.2d 497 (1991), laid to rest any confusion which previously existed with respect to such appellate review. We began by declining any review until the trial court had first considered the substance of the claim and quoted with approval from Davis v. Graviss, Ky., 672 S.W.2d 928 (1984), which described a CR 59.01 ruling as “a discretionary function assigned to the trial judge who has heard the witnesses firsthand and observed and viewed their demeanor and who has observed the jury throughout the trial.” Id. at 932. We followed Prater v. Arnett, Ky.App., 648 S.W.2d 82 (1983), in which the appellate court was held to be precluded from stepping “into the shoes” of the trial court, and precluded from disturbing its ruling unless it was found to be clearly erroneous.
Our decision in Cooper amounts to a recognition that a proper ruling on a motion for new trial depends to a great extent upon factors which may not readily appear in an appellate record. Only if the appellate court concludes that the trial court’s order was clearly erroneous may it reverse.6

Accordingly, if the jury’s verdict of zero damages for pain and suffering is supported by evidence, the trial court was not clearly erroneous in denying Miller’s motion for a new trial.

IV. ADEQUACY OF JURY’S PAIN AND SUFFERING AWARD

Miller argues that the trial court abused its discretion and erred as a matter of law when it denied her motion for a new trial because the jury’s failure to award her any amount of money for pain and suffering was contrary to the evidence and inconsistent with its award of more than $5000 for medical expenses and lost wages. After a review of the record, we find that the trial court acted within its discretion in determining that the jury’s verdicts were legally and factually consistent.

Miller’s argument presupposes legal inconsistency when a jury awards damages for medical expenses and lost wages, but awards no damages to compensate the plaintiff for pain and suffering. The law in Kentucky, however, does not require a jury to award damages for pain and suffering in every case in which it awards medical expenses. In Cooper v. Fultz,7 this Court, faced with a jury verdict similar to the one now before us, remanded the case for the trial court to determine the adequacy of a jury’s award, and plainly avoided holding such a verdict inconsistent or inadequate as a matter of law:

The question before us is whether, by thus specifying a deliberate intention to make no award for one (or more) elements of damages, the jury has returned a verdict with a patent irregularity which is waived by failing to timely object, or whether this represents a completed verdict which is subject to challenge as inadequate on motion for a new trial. It is our opinion that this a complete verdict; that it may be inadequate but it is not inconsistent ....
It is indeed a “booby trap” to send back a jury which has flatly decided that the claimant’s pain and suffering is worth nothing to replace the “-0-” with a dollar amount ... Erasing the zero and replacing it with a few dollars will not correct the inadequacy. The first ver-[602]*602diet as completed should be received and should be subject to a motion for a new trial which should be granted unless there is countervailing evidence such that the jury’s verdict, taken as a whole, withstands the test of inadequacy.8

In Cooper, this Court explained that it remanded the case back to the trial court because the “inadequacy” inquiry requires evaluation of the evidence submitted at trial:

Whether the award represents “excessive or

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Miller v. Swift
42 S.W.3d 599 (Kentucky Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
42 S.W.3d 599, 2001 Ky. LEXIS 9, 2001 WL 62822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-swift-ky-2001.