Rosera v. International Harvester Co.

109 F.R.D. 143, 1986 U.S. Dist. LEXIS 30885
CourtDistrict Court, E.D. Wisconsin
DecidedJanuary 3, 1986
DocketNo. 81-C-1463
StatusPublished
Cited by6 cases

This text of 109 F.R.D. 143 (Rosera v. International Harvester Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosera v. International Harvester Co., 109 F.R.D. 143, 1986 U.S. Dist. LEXIS 30885 (E.D. Wis. 1986).

Opinion

MEMORANDUM AND ORDER

WARREN, District Judge.

BACKGROUND

This civil action was tried to an eight-member jury, including alternate, over a two-week period beginning on March 4, 1985. On March 19, 1985, following one day of deliberation, the jury returned a verdict of $2,398,150.32 in favor of the plaintiffs, Alfred C. and Shirley Rosera, and against the defendants, International Harvester Company and Dart Transit Company. Among other things, the jury found International Harvester Company 75% at fault for the plaintiffs’ damages and assigned the remaining 25% liability to Dart Transit Company.

Significantly, the jury determined that neither Alfred C. Rosera nor his employer, Schneider Transport Company — not joined as a party to this action by virtue of a previous award made pursuant to the Wisconsin Worker’s Compensation Act — were responsible to any extent for the injuries suffered by the plaintiffs. Based on the jury’s findings, the Clerk of Court for the Eastern District of Wisconsin entered an appropriate judgment on March 20, 1985.

[145]*145Presently before the Court in this matter are the pending motions of defendant International Harvester Company for the entry of judgment notwithstanding the verdict, pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, or, in the alternative, for a new trial, pursuant to Rule 59(a) of the Federal .Rules of Civil Procedure.1 The several issues raised by the defendant’s motions have been extensively and vociferously argued by the parties to this lawsuit, both in their respective memoranda of law, submitted to the Court in support of their positions, and during the course of oral argument heard on May 29, 1985.

The Court has carefully reviewed the parties' briefs and considered at some length the merits of the two motions presented therein and argued orally several months ago. In this undertaking, the Court has also reviewed with care its notes taken during the course of the two-week trial in this matter, all in the context of the well-established standards for review under Rules 50(b) and 59(a) of the Federal Rules of Civil Procedure. Based on this analysis, the Court concludes, for the reasons set forth below, that while the movant is not entitled to the entry of judgment notwithstanding the verdict based on the evidence presented, it should be granted a new trial on. all issues.

Rule 50(b) and the Motion for Judgment Notwithstanding the Verdict

Rule 50(b) of the Federal Rules of Civil Procedure provides, in pertinent part, as follows:

Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Not later than 10 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict; or if a verdict was not returned such party, within 10 days after the jury has been discharged, may move for judgment in accordance with his motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in .the alternative. If a verdict was returned the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed____

Among the Seventh Circuit’s most recent codifications of the touchstones to be applied by the trial court in ruling on a motion for judgment notwithstanding the verdict is the one found in Tice v. Lampert Yards, Inc., 761 F.2d 1210 (7th Cir.1985), as follows:

... The standard ... is whether the evidence presented, combined with all reasonable inferences permissibly drawn therefrom, is sufficient to support the verdict when viewed in a light most favorable to the party against whom the motion is directed. See, e.g., Syvock v. Milwaukee Boiler Mfg. Co., Inc., 665 [146]*146F.2d 149, 153 (7th Cir.1981). Any conflicts in the evidence must be resolved in favor of the resisting party, and every permissible inference from the evidence must be resolved in favor of the party resisting the motion. Wisconsin Liquor Co. v. Park & Tilford Distilers Corp., 267 F.2d 928, 930 n. 1 (7th Cir.1959). However, a mere scintilla of evidence will not support a verdict and an entry of judgment n.o.v. would be proper. Gunning v. Colley, 281 U.S. 90, 94 [50 S.Ct. 231, 233, 74 L.Ed. 720] (1930); La Montagne, 750 F.2d [1405] at 1410 [ (7th Cir.1984) ]. In other words, if there is insufficient evidence upon which a reasonable person could properly base a verdict, entry of judgment n.o.v. is appropriate. See La Montagne, 750 F.2d at 1410.

Similarly, in Estate of Clyde Davis v. Marguerite Johnson, 745 F.2d 1066, 1070 (7th Cir.1984), the Court of Appeals observed that the standard is a demanding one: “The motion should be denied where the evidence ... is such that [people] in a fair and impartial exercise of their judgment may reach different conclusions.” Under this exacting approach, “there would perhaps not be many cases in which [the appeals court] could conclude that a jury behaved irrationally.” McKinley v. Trattles, 732 F.2d 1320, 1323-1324 (7th Cir.1984).

It is generally held that a jury’s verdict may be vitiated only if manifest injustice will otherwise result; in this regard, the trial judge may not substitute his or her own judgment for that of the jury merely because he or she may have reached a different conclusion. Southwestern Pennsylvania Transportation Authority v. Transit Casualty Company, 412 F.Supp. 839, 842 (E.D.Pa.1976); cf, Ries v. Sanders, 34 F.R.D. 468, 470 (N.D.Miss.1964) (“... [T]he fact that the court may feel that the testimony is unworthy of credit is not a proper ground for granting judgment notwithstanding the verdict for the question of credibility of witnesses is within the jury’s sole province”). Rather, the Court must find as a matter of law that the record does not contain a sufficient factual foundation upon which the verdict might be justified and that, without weighing the evidence, there can be but one reasonable conclusion as to the proper judgment. Miceli v. Interressantskapet Sea Transport, 413 F.Supp. 776, 779 (S.D.N.Y.1976); Marder v. Conweb Corporation, 75 F.R.D. 48, 54 (E.D.Pa.1977).

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Bluebook (online)
109 F.R.D. 143, 1986 U.S. Dist. LEXIS 30885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosera-v-international-harvester-co-wied-1986.