Smith v. Uhrich

704 P.2d 698, 1985 Wyo. LEXIS 523
CourtWyoming Supreme Court
DecidedAugust 8, 1985
Docket84-201
StatusPublished
Cited by3 cases

This text of 704 P.2d 698 (Smith v. Uhrich) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Uhrich, 704 P.2d 698, 1985 Wyo. LEXIS 523 (Wyo. 1985).

Opinions

ROSE, Justice.

In the case at bar the plaintiffs were: Paul Ralph Smith, driver of the vehicle which collided with an automobile driven by the defendant John Uhrich; William Burns Smith, a minor (“by and through his father and next best friend, Clark A. Smith”), who was a passenger in the vehicle driven by his brother, Paul Ralph Smith; and Clark A. Smith, father of Paul and William and owner of the plaintiff vehicle. Clark A. Smith was not in the plaintiff vehicle at the time of the accident.

[699]*699Plaintiff Paul claimed damages for pain and suffering plus $140 stipulated medical bills; plaintiff William, through his next friend, claimed damages for pain and suffering and a stipulated $45 medical bill; Clark A. Smith claimed damages to his motor vehicle and loss of use of the automobile.

The record contains extensive evidence of pain and suffering which was experienced by both Paul and William Smith. The testimony of various witnesses was that Paul injured his knee in the accident; that he was in shock for some time after impact; that his knee pained him so that it was necessary for him to consult a doctor; that the knee was swollen and red; that he continues to have the sensation of someone putting pins and needles in his knee; that the knee cap was out of place after the impact and he continues to have problems with it; that he continues to have trouble moving the knee and it hurts when he tries to walk, and that this caused him to limp for some time after the accident. Before the accident he jogged and skied extensively, but since then he has not been able to engage in these activities because it feels as though his knee will give out, and at various times it feels as though his knee is locking when he walks or exercises. He takes pain medications to alleviate the discomfort, and he gives himself hot-tub treatments to relieve the pain in his knee. The plaintiff describes continuing sensations of sharp pain which inhibit his normal activities.

The testimony of William Smith, corroborated by the doctor who treated him after the accident, was that he injured his right wrist at or near the base of his little finger; he was forced to put an ice pack on his wrist and it pained him for at least a month and a half.

The testimony of Ann Smith, the mother of the two boys, was that they both appeared to be in shock for some time after the accident, and both complained of pain in various areas of their bodies.

The jury returned the following verdict:

SPECIAL VERDICT
“We, the jury, present the following answers to the questions submitted by the Court:
“1. At the time and place of the incident, was the Defendant, John Uhrich, negligent?
X Yes _No
“2. If you answered ‘Yes’ to question No. 1 was the negligence of the defendant a direct cause of personal injury and damage to the plaintiffs?
X Yes _No
“3. State the amount of damage, if any, sustained by each plaintiff as a direct result of the motor vehicle collision:
“Paul Ralph Smith $140.00
“William Burns Smith $ 45.00
“Clark A. Smith $500.00”

When the verdict was returned and before the jury was discharged, the plaintiffs’ attorney lodged the following objection:

“MR. ROSS: May we approach the bench, Your Honor?
“(Whereupon, the following bench proceeding was had outside the hearing of the jury.)
“MR. ROSS: I think the Court has to instruct the jury, in view of the fact they have found the special verdict, they have to find for pain and suffering or any of that other stuff, the disability or — and they can’t just find special and not any more. I think they misunderstood the instruction. I move that the Court instruct the jury to find — to have them come in and return something for pain and suffering, either nothing or $1 or something.”

The motion was objected to and was denied by the trial judge.

The dispositive issue in this case asks whether the trial court erred in not returning the jury to continue their deliberations for the purpose of assessing general damages.

[700]*700We will hold that error was committed in refusing to return the jury for further deliberations, and will reverse and remand for a new trial on the issue of general damages concerning the claims of Paul Ralph Smith and Clark A. Smith as the next friend of William Burns Smith.1

Decision

The Verdict Was an Improper and Irregular Verdict

We held in DeWitty v. Decker, Wyo., 383 P.2d 734 (1963), that a verdict awarding special damages for medical and hospital expenses and failing to award any general damages, where there was evidence of general-damage proof, was an improper and irregular verdict.

We said, in DeWitty, 383 P.2d at 736:

“As a general rule, the failure of a jury to award general damages, in the face of an award for substantial medical and hospital expense, results at least in an improper or irregular verdict. The authorities that we have examined on the subject are practically unanimous in so holding. Webster v. City of Colfax, 250 Iowa 181, 93 N.W.2d 91, 92; Vittitow v. Carpenter, Ky., 291 S.W.2d 34, 35; Davidson v. Schneider, Mo., 349 S.W.2d 908, 913; Hallford v. Schumacher, Okl., 323 P.2d 989, 992; Edmonds v. Erion, 221 Or. 104, 350 P.2d 700; Cohen v. Food Fair Stores, Inc., 190 Pa.Super. 620, 155 A.2d 441, 444; and Smith v. Bullock, Tex.Civ.App., 317 S.W.2d 232, 234. See also Annotation 20 A.L.R. 276.”

In Davidson v. Schneider, Mo., 349 S.W.2d 908, 913 (1961), the Supreme Court of Missouri said that it has become the generally accepted view that awards of medical expense only, the jury failing to award any sum for pain and suffering, are invalid and set aside almost as a matter of course. See also Cooper v. Christensen, 29 Mich.App. 181, 185 N.W.2d 97 (1971); Fordon v. Bender, 363 Mich. 124, 108 N.W.2d 896 (1961); Franco v. Graham, Tex.Civ.App., 470 S.W.2d 429 (1971); and Rice v. Rizk, Ky., 453 S.W.2d 732 (1970).

"Appellant's General Damages None
"Appellant’s Special Damages $1,637.00

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Smith v. Uhrich
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Bluebook (online)
704 P.2d 698, 1985 Wyo. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-uhrich-wyo-1985.