Ming Yu He v. Miller

24 A.3d 251, 207 N.J. 230, 2011 N.J. LEXIS 573
CourtSupreme Court of New Jersey
DecidedMay 12, 2011
StatusPublished
Cited by28 cases

This text of 24 A.3d 251 (Ming Yu He v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ming Yu He v. Miller, 24 A.3d 251, 207 N.J. 230, 2011 N.J. LEXIS 573 (N.J. 2011).

Opinions

Justice HOENS

delivered the opinion of the Court.

This appeal, and its complex procedural path, starkly illustrates the profound difficulties that our trial courts and appellate tribunals continue to encounter as they seek to understand and apply the concepts surrounding remittitur. As such, it challenges this Court to create a workable template to guide both the trial and appellate courts when they are called upon to apply the remittitur device. In addressing the issues on appeal, however, we endeavor to make plain the circumstances in which remittitur can and must operate, for only through that effort can we ensure that remittitur is reserved for the few cases in which it is appropriate and proceeds upon a record sufficient to withstand appellate scrutiny.

The complicated route the case has taken on its way to review by this Court bears brief recitation because it serves as an example of the inherent difficulties such disputes present. In short, a jury found in favor of an injured plaintiff, returning a verdict that included past and future lost wages and, significant to our appeal, an award for plaintiffs pain and suffering and for her spouse’s loss of consortium. The trial court, for reasons set forth on the record and in writing, concluded that the awards for pain and suffering and for loss of consortium constituted a “miscarriage of justice under the law,” and “shock[ed] the judicial conscience.” On that basis, the trial court granted defendant’s remittitur motion.

The Appellate Division granted plaintiffs motion for leave to appeal, reversed the remittitur order, and directed that the jury’s verdict be reinstated. Upon defendant’s petition, this Court then summarily reversed in part and remanded to the trial court with instructions to conduct a “complete and searching analysis,” after which the Appellate Division was ordered to “reconsider its judgment in light of the findings developed on remand.” He v. Miller, [236]*236199 N.J. 538, 539, 973 A.2d 943 (2009). Complying with those instructions, the trial court issued an amplified statement of reasons, describing the cases to which it had looked for comparison and again concluding that the awards for pain and suffering and loss of consortium could not stand. The Appellate Division again disagreed, however, concluding that the record fell short of what the remittitur rule requires.

The competing views expressed by the trial and appellate courts, stated at each step with increasing conviction, cry out for this Court to make clear how the remittitur rule is to be applied and the circumstances in which its application is appropriate. Those circumstances, as we have long held, are not the common ones in which a trial or appellate court might have evaluated damages in a manner less generous than the award that the jury chose, but are the unusual ones in which the jury’s damage award is indeed shocking to the judicial conscience.

In establishing the framework for consideration of a grant of remittitur, however, we again remind our trial courts that if they conclude that remittitur should be applied, their reasoning must be carefully explained and their decision supported by a record sufficient for review on appeal. Moreover, we reiterate that the appellate court, in performing its review, likewise must refrain from merely substituting its differing opinion without appropriate deference to the trial court and an equally careful articulation of reasons.

In the end, we conclude that this jury’s award cannot stand because the trial court’s explanation of its reasons for reaching that conclusion and the factual basis on which it acted were sufficient, and the appellate panel’s contrary view was based on a misapplication of our settled precedents.

I.

We derive the facts from the record created during the trial of plaintiffs’ claims, but our recitation is bounded by the narrow focus of the issue presented in this appeal. In particular, in light [237]*237of the applicable standard of review, we need not describe the evidence produced by defendant that tended to cast doubt on plaintiffs’ claims, but instead we only set forth the proofs in the light most favorable to plaintiffs. See Johnson v. Scaccetti, 192 N.J. 256, 281, 927 A.2d 1269 (2007).

A.

Plaintiff Ming Yu He1 was injured in an automobile accident with defendant Enilma Miller2 on October 28, 2003. Plaintiff testified that the impact caused her to “pass out,” that the airbags deployed, and that her vehicle traveled off of the roadway and came to rest “in front of some trees.” She could not recall if she hit her head during the collision, but testified that after she was “awake again” her head, neck and hands were aching. She described her pain as having been “serious” and she was transported to the hospital, where she was examined and released the same day.

Starting the next day, plaintiff had, by her estimation, two or three visits with a chiropractor. He treated her with over-the-counter medications and physical therapy, which did not alleviate her pain. She next came under the care of a physiatrist who also attempted conservative therapies before ordering MRI studies to better assess plaintiffs condition. The MRI films, taken two months after the accident, revealed two herniated discs in her cervical spine, one of which impinged on the spinal cord, and three herniations in her lumbar spine, accompanied by evidence of preexisting degenerative disc disease.

[238]*238The physiatrist also referred plaintiff to a pain management doctor who, plaintiff estimated, performed thirty to forty acupuncture treatments. In addition, both of these health care providers treated plaintiff with epidural injections of cortisone into her cervical and lumbar spine. Because all these forms of treatment provided only temporary relief, plaintiff was referred to a neurosurgeon. Following his review of additional MRI studies, the neurosurgeon recommended that plaintiff forgo surgery, in light of its risks. At the time of trial, plaintiff was continuing to be treated by the physiatrist with prescription narcotics for pain relief.

At trial, plaintiff testified about how her injuries affected her life. She explained that she had previously been employed as a housekeeper in a New York City hotel, but had been unable to return to that job because her injuries impaired her ability to do the heavy physical work it involved. She offered documentary proofs that her past lost wages, representing approximately four and one-half years, were $110,194.55 and testified that, prior to her accident, she expected to work until reaching age sixty-seven, a period of twenty years. Plaintiff also expressed her feelings about not being able to return to her job, describing it as a job she “kind of like[d]” and “treasure[d],” and saying that “a job like that is not easy to find.”

In addition, plaintiff presented the testimony of an expert occupational therapist and vocational evaluator who had performed an assessment of plaintiff’s ability to secure employment. That expert testified that the physical limitations plaintiff had because of the injuries she sustained in the car accident precluded her from returning to her job as a hotel housekeeper.

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Cite This Page — Counsel Stack

Bluebook (online)
24 A.3d 251, 207 N.J. 230, 2011 N.J. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ming-yu-he-v-miller-nj-2011.