Quinn v. President Broadwater Hotel, LLC

963 So. 2d 1204, 2007 Miss. App. LEXIS 286, 2007 WL 1247983
CourtCourt of Appeals of Mississippi
DecidedMay 1, 2007
Docket2006-CA-00090-COA
StatusPublished
Cited by1 cases

This text of 963 So. 2d 1204 (Quinn v. President Broadwater Hotel, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quinn v. President Broadwater Hotel, LLC, 963 So. 2d 1204, 2007 Miss. App. LEXIS 286, 2007 WL 1247983 (Mich. Ct. App. 2007).

Opinion

963 So.2d 1204 (2007)

Robert W. QUINN and Cherie Quinn, Appellants
v.
President Broadwater Hotel, LLC, Appellee.

No. 2006-CA-00090-COA.

Court of Appeals of Mississippi.

May 1, 2007.
Rehearing Denied September 4, 2007.

*1205 William Michael Kulick, Ocean Springs, Robert W. Gambrell, Biloxi, attorneys for appellants.

David C. Goff, Gulfport, attorney for appellee.

Before LEE, P.J., ISHEE and CARLTON, JJ.

CARLTON, J., for the Court.

¶ 1. This case comes before the Court from the Circuit Court of Harrison County, Second Judicial District. At the conclusion of a trial on the issue of damages only, the jury awarded $5,000 to Robert Quinn for personal injuries sustained while on the premises of the President Casino Broadwater Resort (President). Thereafter, Mr. Quinn and his wife, Cherie Quinn, filed a motion for an additur or a new trial, which was denied. Aggrieved by the trial court's decision, the Quinns appeal. They argue that the trial court erred in overruling their motion and urge this Court to grant an additur or, in the alternative, a new trial. Finding no error, we affirm.

FACTS

¶ 2. On October 30, 1998, Mr. Quinn was injured on the premises of the President Casino Broadwater Resort (President) when he stepped into an unobvious hole in the ground. As a result of this incident, Mr. Quinn cut his left leg and tore the anterior cruciate ligament (ACL) in his right knee, which was surgically repaired in December 1998. As a result of his injuries, Mr. Quinn incurred medical bills totaling $27,242, all of which were paid by President.

¶ 3. The Quinns filed a complaint on September 20, 1999. President admitted liability in the case and the matter proceeded to trial as to damages only on September 28, 2004. After a two-day trial, the jury returned a verdict for Mr. Quinn and assessed damages in the amount of $5,000 as compensation for his pain and suffering, and permanent physical limitations including loss of enjoyment of life. The jury found that Mr. Quinn was entitled to no damages for past and future lost earnings and that Mrs. Quinn was entitled to no damages for loss of consortium.

DISCUSSION

¶ 4. On appeal, the Quinns argue that the jury award of $5,000 was so inadequate as to be against the overwhelming weight of the credible evidence and to indicate that the jury was influenced by prejudice or bias against them. President argues that the jury assessed the weight of the evidence and the credibility of the witnesses and arrived at a reasonable verdict which should not be disturbed on appeal.

¶ 5. The trial judge has the authority to grant an additur pursuant to Mississippi Code Annotated section 11-1-55 which states:

The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion *1206 for new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of the facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence. If such additur or remittitur be not accepted then the court may direct a new trial on damages only. If the additur or remittitur is accepted and the other party perfects a direct appeal, then the party accepting the additur or remittitur shall have the right to cross appeal for the purpose of reversing the action of the court in regard to the additur or remittitur.

Miss.Code Ann. § 11-1-55 (Rev.2002).

¶ 6. We review a trial court's denial of an additur under an abuse of discretion standard of review. Patterson v. Liberty Assocs., L.P., 910 So.2d 1014, 1020(19) (Miss.2004) (citations omitted). The burden of proof lies with the party seeking the additur, who must prove his injuries, loss of income and other damages. Id. (citations omitted). "In determining whether this burden is met, this Court must view the evidence in the light most favorable to the defendant, giving that party all favorable inferences that reasonably may be drawn therefrom." Rodgers v. Pascagoula Public School Dist., 611 So.2d 942, 945 (Miss.1992) (citations omitted). "It is primarily the province of the jury to determine the amount of damages to be awarded and the award will normally not `be set aside unless so unreasonable in amount as to strike mankind at first blush as being beyond all measure, unreasonable in amount and outrageous.'" Harvey v. Wall, 649 So.2d 184, 187 (Miss.1995) (citing Rodgers, 611 So.2d at 945). "Additurs represent a judicial incursion into the traditional habitat of the jury, and therefore should never be employed without great caution." Gibbs v. Banks, 527 So.2d 658, 659 (Miss.1988).

¶ 7. The Quinns direct us to prior cases where our reviewing courts have granted an additur in instances where the jury's monetary award left little or nothing for elements of damage which were uncontested or undisputed by the evidence. See, e.g., Maddox v. Muirhead, 738 So.2d 742, 744-45 (¶¶ 6-11) (Miss.1999) (jury award of $2,900, after reduction for plaintiff's fault, failed to compensate plaintiff for uncontested medical bills and left nothing for pain and suffering); Harvey v. Wall, 649 So.2d 184 (Miss.1995) (additur granted where jury award left under one hundred dollars for uncontradicted elements of pain and suffering and permanent impairment); Rodgers v. Pascagoula Public School Dist., 611 So.2d 942 (Miss.1992) (additur granted where jury returned verdict equal to medical expenses despite uncontradicted proof of pain and suffering and permanent impairment); Pham v. Welter, 542 So.2d 884 (Miss.1989) (additur granted where jury award of $30,000 compensated plaintiff for undisputed medical bills and lost wages in the amount of $28,682, but left only the remainder for pain and suffering and permanent impairment which was supported by ample proof); but see, Depriest v. Barber, 798 So.2d 456, 459(¶ 11) (Miss. 1999) (jury award of $3,269.05 for pain and suffering was sufficient and did not require additur).

¶ 8. On the other hand, we note that our supreme court has refused to grant an additur where there is conflicting evidence before the jury concerning the claimed damages. Green v. Grant, 641 So.2d 1203, *1207 1209 (Miss.1994). In Green, the plaintiff claimed that the jury award of $2,000 was against the weight of the evidence and indicated bias on the part of the jury. Id. at 1207. In affirming the trial court's denial of additur, the supreme court reasoned that "the issue of the extent of Green's injuries, the reasonableness and necessity of her medical expenses, and the reasonableness and necessity of her lost income were seriously contested." Id. at 1209. The court held that "[the] conflicting testimony and evidence appear[ed] to have created an issue on the amount of damages for the jury to decide." Id.

¶ 9. Turning to the instant case, the jury considered the following elements of damage to determine the amount, if any, to award the Quinns: (1) past and future pain and suffering; (2) physical impairment; (3) loss of enjoyment of life (4) past and future lost earnings; and (5) loss of consortium for Mrs. Quinn.

Pain and Suffering

¶ 10. Mr. Quinn put on proof regarding pain and suffering associated with his injuries.

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963 So. 2d 1204, 2007 Miss. App. LEXIS 286, 2007 WL 1247983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinn-v-president-broadwater-hotel-llc-missctapp-2007.