Ouachita National Bank, Curator of the Estate of Ted Rodgers, Barbara Rodgers, and Ted Rodgers v. Tosco Corporation

716 F.2d 485
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 8, 1983
Docket81-1490
StatusPublished
Cited by55 cases

This text of 716 F.2d 485 (Ouachita National Bank, Curator of the Estate of Ted Rodgers, Barbara Rodgers, and Ted Rodgers v. Tosco Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ouachita National Bank, Curator of the Estate of Ted Rodgers, Barbara Rodgers, and Ted Rodgers v. Tosco Corporation, 716 F.2d 485 (8th Cir. 1983).

Opinions

BRIGHT, Circuit Judge.

Ted Rodgers, Barbara Rodgers, and Ouachita National Bank (curator of the estate [487]*487of Ted Rodgers) appeal from the district court’s judgment entered pursuant to a jury verdict. The district court dismissed plaintiffs’ claims against defendant Tosco Corporation (Tosco) arising from severe bodily injuries sustained by Ted Rodgers in an automobile collision with a vehicle owned by Tosco’s predecessor in interest. In an earlier trial, a jury had awarded Ted and Barbara Rodgers $3.8 million, but the district court ordered a remittitur to $1,512,-762, or in the alternative a new trial on grounds of excessiveness of the awards. The Rodgers rejected the remittitur and, joined by the Ouachita National Bank, retried their case against Tosco. At the second trial, the jury arrived at a contrary result and dismissed the action. On appeal, appellants raise several issues pertaining to the district court’s ordering of a remittitur. Upon review of the record, we conclude that the district court committed prejudicial error in calculating the amount of Ted Rodgers’ remittitur after the first trial. Accordingly, we must reverse the judgment of dismissal on the second trial and remand the case to the district court to correct the initial error made in the remittitur order following the first trial.

I. Background.

On October 3,1978, a tractor trailer driven by Ted Rodgers collided with a car driven by Raleigh Waller, an employee of Lion Oil Company. Both men had been driving eastward, approximately seven miles east of El Dorado, Arkansas, on U.S. Highway 82, a paved, two-lane highway. The two vehicles collided near the highway’s center line. Rodgers’ truck crossed the center line and continued off the highway for several hundred feet. Immediately after the truck came to a stop, Rodgers leaped from the truck, and in so doing, struck his head on the ground. Rodgers sustained a severed spinal cord, and has been rendered a permanent quadriplegic.

Ted Rodgers and his wife, Barbara Rodgers, filed suit in district court, against Lion Oil Company and Raleigh Waller. The Rodgers later dismissed Waller from the suit. In addition, they substituted Tosco Corporation for the Lion Oil Company following the merger of these two companies. Ted Rodgers sought $3 million in damages for his injuries. Barbara Rodgers sought $500,000 in damages for loss of consortium.

At trial, Tosco contested both liability and damages. Tosco contended Rodgers had been contributorily negligent in jumping from his truck following the accident. The jury found for Rodgers, awarding $3.3 million to Ted Rodgers and $500,000 to Barbara Rodgers.

Following the trial court’s entry of judgment, Tosco filed several posttrial motions. In response, the district court filed a memorandum opinion stating that it had determined the jury’s verdict on liability not to be against the great weight of the evidence. The district court, therefore, denied Tosco’s motion for a new trial. The court, however, also concluded that

as to the amount of damages * * * the verdicts of the jury were clearly excessive, against the great weight of the evidence, not supported by substantial evidence, the product of passion, and that to permit the verdicts of the jury to stand in the form of judgment would result in a clear miscarriage of justice.

Consequently, the court ordered a remittitur in Ted Rodgers’ damages from $3.3 million to $1,312,762.17, or in the alternative, a new trial. In addition, the court found the jury’s award to Barbara Rodgers, “so grossly excessive as to shock the conscience of this court[,]” and therefore, ordered a remittitur on her damages from $500,000 to $250,000, or in the alternative, a new trial.

Following an unsuccessful petition to the district court to review its order and an unsuccessful petition to this court for a writ of mandamus, the Rodgers elected to proceed with a new trial rather than accede to a reduced total award of $1,562,962.17. Pri- or to the second trial, the district court permitted the curator of Ted Rodgers’ estate, the Ouachita National Bank, to substitute as party plaintiff for Ted Rodgers. On [488]*488retrial, the jury returned a verdict completely absolving Tosco of liability.

On appeal from the judgment in the second trial, a panel of this court filed an opinion vacating the judgment of the district court and remanding the cause for further proceedings. Ouachita National Bank v. Tosco Corp., 686 F.2d 1291 (8th Cir.1982). Thereafter, on petition for rehearing, this court has reconsidered the appeal by the court en banc.

After reviewing the briefs and trial records, we adopt only Part II of the panel opinion. Id. at 1299-1301. Specifically, we conclude that: (1) the district court did not err in denying appellants’ request to limit the issues in the second trial to a determination of damages, Id. at 1299; (2) the district judge properly refused to disqualify himself before the second trial and did not improperly become a witness, Id. at 1299-1301; and (3) the district court did not err in permitting Tosco to inform the jury that it carried insurance. Id. at 1301. We now proceed to address the only remaining issues on appeal: the appropriateness of the district court’s remittiturs to Ted and Barbara Rodgers.

II. Discussion.

A. Standards of Review.

A trial court should grant remittitur only when the verdict is “so grossly excessive as to shock the conscience of [the] court.” Drotzmanns, Inc. v. McGraw-Hill, Inc., 500 F.2d 830, 835 (8th Cir.1974). In Slatton v. Martin K. Eby Construction Co., 506 F.2d 505 (8th Cir.1974), this court enunciated the standard to be applied in reviewing a trial court’s order of remittitur as a condition for denying a new trial. We stated, “the standard we will apply in determining whether there was an abuse of discretion in ordering the remittitur is whether the remittitur was ordered for an amount less than the jury could reasonably find.” Id. at 508-09.

After carefully reviewing the trial record, as well as the parties’ briefs, we conclude that while the district court was justified in granting a remittitur, it erroneously calculated the amount of the remittitur, and in doing so arrived at an amount substantially less than the amount to which Ted Rodgers was entitled under the circumstances of the case as presented to the district judge.

B. The Amount of Remittitur Ordered for Ted Rodgers.

Following the jury’s verdict in the first trial, the district court sustained the jury’s finding of liability against Tosco. The district court ordered a remittitur because the court determined that an improper closing argument by plaintiffs’ counsel had so inflamed the jury that the part of their award for Ted Rodgers’ future nursing care was grossly exaggerated. The district court apparently found that the jury properly awarded Ted Rodgers the full amounts that he requested for loss of earnings and pain and suffering.1

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Bluebook (online)
716 F.2d 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ouachita-national-bank-curator-of-the-estate-of-ted-rodgers-barbara-ca8-1983.