Newport Fisherman's Supply Co. v. Schiller

569 A.2d 1051, 1990 R.I. LEXIS 31, 1990 WL 11067
CourtSupreme Court of Rhode Island
DecidedFebruary 13, 1990
Docket88-515-A
StatusPublished
Cited by12 cases

This text of 569 A.2d 1051 (Newport Fisherman's Supply Co. v. Schiller) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newport Fisherman's Supply Co. v. Schiller, 569 A.2d 1051, 1990 R.I. LEXIS 31, 1990 WL 11067 (R.I. 1990).

Opinion

OPINION

SHEA, Justice.

The appeal in this case involves a jury verdict rendered in a civil case in the Superior Court. The underlying dispute resulted from the termination of a joint venture agreement between the plaintiff Newport Fisherman’s Supply Co., Inc. (Fisherman’s Supply), and the defendant, Robert E. Der-ecktor (Derecktor).

On June 16, 1988, the jury made the following findings on the interrogatory and verdict forms supplied to them by the trial justice:

“COUNT IV: (Wrongful Conduct of the Defendants):
Interrogatory #1:
Do you find that the defendants willfully refused to consent to lease the so-called remainder of Building 42 with the intent to cause the failure of the joint venture? (XX) YES ( ) NO
VERDICT
Do you find for the plaintiff or for the defendant?
(XX) PLAINTIFF ( ) DEFENDANT If you find for the plaintiff, what amount of compensatory damages do you award?
$255,000.00
“COUNT V: (The Conspiracy Count): Interrogatory # 1:
Do you find that the defendants conspired to force the plaintiff from the joint venture for the benefit of Robert E. Der-ecktor and/or Robert E. Derecktor of R.I., Inc.?
(XX) YES ( ) NO
Interrogatory #2:
Do you find that the conspiracy amounted to a willfull, intentional and a malicious plan to cause economic injury and/or damage to the plaintiff?
( ) YES (XX) NO
VERDICT
Do you find for the plaintiff or for the defendant?
(XX) PLAINTIFF ( ) DEFENDANT
*1052 If you find for'the plaintiff, what amount of compensatory damages do you award?
$255,000,00 ”

The interrogatory and verdict form also contained the following instructions: “If you award compensatory damages on one or more of the above counts, said amount must be the same. Do not divide your total award for compensatory damages. Enter the total award for compensatory damages in each of the above counts where you award such compensatory damages.”

Prior to deliberations the trial justice instructed the jurors verbally that if they awarded damages, the amount entered for each count must be the same, whether they found for plaintiff under two counts or under all counts.

After the verdict was returned, the trial justice read in detail both the answers to the interrogatories and the verdict. The trial justice then stated: “I assume ladies and gentlemen that you agree with me that that is a correct reading of what you did.” No exceptions were made by any member of the jury. After directing the clerk to “compute the interest on $255,000,” the trial justice then discharged the jury and excused counsel.

There appears to be no dispute that immediately after the jury was discharged, the entire jury immediately spoke to the trial justice’s sheriff and requested to see the trial justice. At that point the trial justice left the bench and met the jury in his chambers. The jurors informed the trial justice that they had “screwed it up” and that they had intended to award plaintiff $510,000.

The trial justice then placed what had happened on the record. Over defense counsel’s objection, plaintiff’s counsel orally moved to have judgment entered in the amount of $510,000. The trial justice deferred his ruling pending submission of memoranda.

On June 24, 1988, the court reassembled the jurors and again placed on the record the events following their discharge eight days earlier. The former jurors were sworn in and questioned about the amount of damages they would award and each answered “$510,000.”

Subsequently the trial justice heard and granted plaintiff’s motion for entry of judgment in the amount of $510,000 plus interest and costs on August 29, 1988. Judgment was entered in accordance with plaintiff’s motion on September 9, 1988.

On appeal Derecktor argues that the trial justice erred in granting plaintiff’s motion because it is well settled that once the jury was discharged, the jurors cannot be brought together to find another verdict or to amend one already rendered. Abraham v. Superior Court, 50 R.I. 207, 146 A. 617 (1929). In Abraham six cases arising from an auto accident were consolidated and tried together. The jury returned a verdict in each case for defendant. The following day one of the plaintiffs moved that two of the verdicts be corrected. The jurors were then reconvened the next day, and judgment was entered for that plaintiff in the amount of $311.72. On appeal this court overturned the verdicts, reasoning that the jury had no right to render second verdicts. Further we noted that a new trial appeared to be the appropriate remedy due to the fact that the jury had been confused because of the joinder of many claims.

Derecktor also cites Roberts v. Kettelle, 116 R.I. 283, 356 A.2d 207 (1976), for the proposition that the trial justice erred when he entered judgment for $510,000. In Roberts the plaintiffs were awarded by the jury $40,000 in a wrongful death action and judgments were entered accordingly. The plaintiffs subsequently filed a motion for relief accompanied by affidavits from each of the jurors indicating that he or she had intended to award $80,000. The trial justice denied the motion, and we affirmed, reasoning:

“This court has unwaveringly adhered to the position that jurors’ affidavits when offered to prove what any of the jurors may have done either before or during their deliberations cannot be used to impeach their verdict. * * * The rule is solidly grounded on the premise that admission of such affidavits undermines *1053 the stability of jury verdicts and corrodes the purity of trials by jury. * * * Every party who was dissatisfied with a jury verdict would feel able at least to attempt to effect a revision thereof. Such a situation leaves jurors open to harassment and intimidation long after they have been discharged from their official duties and thus after they are outside the watchful eye of the court.” Id. at 299-300, 356 A.2d at 217.

The purpose of the rule articulated in Abraham and Roberts is to eliminate ex-tratrial influences from infecting the sanctity of the jury’s secrecy between the time of discharge and reassembly. “The public interest requires that litigation be terminated and to that end the jury verdict should possess a conclusiveness that will preserve the stability of the jury trial as an instrument for doing substantial justice.” Roberts v. Kettelle, 116 R.I. at 300, 356 A.2d at 217.

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Bluebook (online)
569 A.2d 1051, 1990 R.I. LEXIS 31, 1990 WL 11067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newport-fishermans-supply-co-v-schiller-ri-1990.