Strawn v. SCOA Industries, Inc.

804 S.W.2d 80, 1990 Tenn. App. LEXIS 700
CourtCourt of Appeals of Tennessee
DecidedOctober 3, 1990
StatusPublished
Cited by5 cases

This text of 804 S.W.2d 80 (Strawn v. SCOA Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strawn v. SCOA Industries, Inc., 804 S.W.2d 80, 1990 Tenn. App. LEXIS 700 (Tenn. Ct. App. 1990).

Opinion

OPINION

GODDARD, Judge.

Doris Strawn and her husband, Charles M. Strawn, sue SCOA Industries, Inc., d/b/a Hills Department Store, for Mrs. Strawn’s personal injuries and Mr. Strawn’s loss of consortium as a result of Mrs. Strawn falling in Hills’ store.

The jury found in favor of the Plaintiffs, awarded Mrs. Strawn $47,000 and Mr. Strawn $18,000, remitted by the Trial Court to $3000.

In its answer, SCOA denied that it had owned any interest in Hills Department Store and we can find no other reference to this point in the pleadings or the proof. Judgment, however, was rendered against SCOA Industries, Inc., d/b/a Hills Department Store and as no issue is raised as to this point we will notice it no further.

Hills’ appeal raises the following issues:

I. THE VERDICT IS NOT SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE.
A. ON THE CLAIM OF DORIS STRAWN, THE PREPONDERANCE OF EVIDENCE REVEALS MRS. STRAWN WAS CONTRIBUTORILY NEGLIGENT AND DEFENDANT WAS NOT NEGLIGENT.
B. ON THE CLAIM OF CHARLES STRAWN, THE RECORD CONTAINS NO PROOF OF DAMAGES.
II. THE TRIAL COURT ERRED IN FAILING TO GRANT A NEW TRIAL BASED UPON JURY MISCONDUCT.
III. THE TRIAL COURT ERRED IN FAILING TO SUGGEST A REMIT-TITUR ON THE VERDICT FOR DORIS STRAWN AS THE VERDICT WAS EXCESSIVE.

Because this is a jury verdict approved by the Trial Court, we will treat issue one as contending there is no material evidence to support the verdict.

[82]*82There is material evidence to show the following facts: On July 11, 1986, between 10:00 and 10:30 a.m., Mrs. Strawn, a customer of Hills, was walking toward the cashier’s station to purchase a bath mat which she had selected and was holding in her hands. She slipped and fell on a substance on the floor, which was described as similar to PineSol or Mr. Clean. Apparently it spilled out of a bottle which, along with the cap, lay nearby. Although there was a strong smell of the substance, Mrs. Strawn neither saw nor smelled it prior to her fall.

With regard to the knowledge of Hills or its agents regarding the spill, there is proof from Mrs. Strawn that one cashier said, “A lady dropped that a while ago,” and from one of Mrs. Strawn’s witnesses that the cashier said, “Somebody dropped that a few minutes ago.” Both the regular cashier and the head cashier, who were at their posts of duty, smelled the substance about the same time and the head cashier was calling maintenance to correct the situation as Mrs. Strawn approached. While there is proof from the head cashier that she called out a warning to Mrs. Strawn, the regular cashier says no warning was given.

We conclude under the foregoing fact that reasonable minds could differ as to whether Hills had sufficient time to remove the substance, barricade the aisleway or warn Mrs. Strawn before the accident occurred.

As to Mrs. Strawn’s contributory negligence, as a general rule, it is an issue to be decided by the jury. Our Supreme Court in Frady v. Smith, 519 S.W.2d 584, 586 (Tenn.1974), stated the following:

Negligence, contributory negligence, and proximate cause are ordinarily issues to be decided by the jury, and can be withdrawn from the jury and decided by the court only in those cases where the facts are established by evidence free from conflict, and the inference from the facts is so certain that all reasonable men, in the exercise of a free and impartial judgment must agree upon it. Spain v. Livingston, 59 Tenn.App. 346, 440 S.W.2d 805 (1968).

We do not believe the facts in this case meet the demanding tests above enunciated, justifying a directed verdict on the grounds of contributory negligence. Additionally, we note that Mrs. Strawn was carrying the bath mat to purchase at the time she fell, which may well have obscured her vision. Whether failure to see the spill under these circumstances was contributory negligence was obviously a question for the jury.

Moreover, we note that Hills did not make a motion for a directed verdict at the close of all the proof. In Saffles v. Harvey Motor Co., 780 S.W.2d 727 (Tenn.App.1989), the Court treated an inartfully worded issue on appeal as stating “there was no evidence to support the verdict and that the trial judge should have directed a verdict.” The Court thereupon held that this issue could not be considered because no motion for a directed verdict was made at the close of all the proof.

As to the claim that there is no proof of damages as to Mr. Strawn, he testified “Well, since the accident there has been no relationship there at all. I just don’t — you know, I don’t have a wife.” Mrs. Strawn testified that she was unable to do household chores she formerly did.

We think the jury could infer from the foregoing that Mr. Strawn lost to a degree the companionship and domestic services of his wife, which would support an award of the modest $3000 that he ultimately received.

The Strawns’ claim of jury misconduct is supported by affidavits of three jurors, each of whom stated that the jury “discussed the fact that the Strawns would have to pay their attorney fees out of any judgment we awarded Hills. These discussions affected the amount of the verdict and the verdict was increased by the amount we thought would be sufficient to pay the Strawns’ attorneys.” To the best of one juror’s recollection, the jury decided to add 30 percent of the amount of the $50,000 already arrived at, increasing the total award by $15,000.

[83]*83The threshold issue as to this question is whether the affidavits are competent evidence. Our Supreme Court addressed the question in State v. Blackwell, 664 S.W.2d 686 (Tenn.1984), and adopted the Federal Rule of Evidence, 606(b),1 which provides as follows (at page 688):

b. Inquiry into validity of verdict or indictment. — Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon his or any other juror’s mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith, except that a juror may testify on the question of whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear upon any juror. Nor may his affidavit or evidence of. any statement by him concerning a matter about which he would be precluded from testifying be received for these purposes.

This Rule has been said to be a compromise between important public policies, enabling the Court to protect litigants from verdicts tainted by extraneous prejudicial information or outside influence, while at the same time recognizing the importance of the inviolate nature of a jury’s deliberations.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matthew Ballard v. Serodino, Inc.
Court of Appeals of Tennessee, 2005
Sarah Anita James v. Susan Kay Swindell
Court of Appeals of Tennessee, 2000
Phyllis Schwartz v. Lookout Mountain Caverns, Inc.
Court of Appeals of Tennessee, 2000
Gina Franklin v. Allied Signal, Inc.
Court of Appeals of Tennessee, 1998

Cite This Page — Counsel Stack

Bluebook (online)
804 S.W.2d 80, 1990 Tenn. App. LEXIS 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strawn-v-scoa-industries-inc-tennctapp-1990.