Taulbee v. Wal-Mart Stores, Inc.

5 F. App'x 361
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 21, 2001
DocketNo. 99-6690
StatusPublished
Cited by1 cases

This text of 5 F. App'x 361 (Taulbee v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taulbee v. Wal-Mart Stores, Inc., 5 F. App'x 361 (6th Cir. 2001).

Opinion

HEYBURN, District Judge.

Freda Taulbee sued in negligence after she tripped over a ladder in a Wal-Mart store, sustaining injuries to her neck. After a trial, the jury found that Wal-Mart failed to exercise reasonable care, but that Plaintiffs neck injuries were not caused by her fall. Taulbee appeals this verdict, arguing that it was against the weight of the evidence and that the district court erred in certain evidentiary rulings. For the reasons explained below, we AFFIRM.

I.

The denial of a motion for a new trial is reviewed under an abuse of discretion standard: “a definite and firm conviction [on the part of the reviewing court] that the court below committed a clear error of judgment.” Holmes v. City of Massillon, 78 F.3d 1041, 1045-46 (6th Cir.1996) (quoting Balani v. Immigration and Naturalization Serv., 669 F.2d 1157, 1160 (6th Cir.1982)). In diversity cases, the district court applies federal law to determine whether the verdict was against the great weight of the evidence. See Morales v. American Honda Motor Co., Inc., 151 F.3d 500, 506 (6th Cir.1998).

Taulbee’s first argument — that the district court erred by denying her motion for a new trial- — is actually a derivative of her second argument — that the district court erred in failing to find that the jury’s verdict was against the weight of the evidence. Under FED.R.CIV.P. 59(a), a new trial may be granted after a jury verdict “for any of the reasons for which new trials have heretofore been granted in aetions at law in the courts of the United States.” A new trial is required when a jury’s verdict is seriously erroneous as evidenced by: (1) the verdict being against the weight of the evidence; (2) the damages being excessive; or (3) the trial being unfair to the moving party because of prejudice or bias. Holmes, 78 F.3d at 1046. Here, the only possible ground for a new trial is that the verdict was against the weight of the evidence.

In order to find that a jury’s verdict was against the weight of the evidence, a judge must find that the verdict was unreasonable. Id. at 1047. The standard is rigorous because in finding that a jury’s verdict was against the weight of the evidence, the judge “has, to some extent at least, substituted his judgment of the facts and the credibility of the witnesses for that of the jury.” Duncan v. Duncan, 377 F.2d 49, 52 (6th Cir.1967) (quoting Lind v. Schenley Indus., Inc., 278 F.2d 79, 90 (3rd Cir.1960)). In order to avoid a potential denigration of the jury system and to protect the litigant’s right to a jury trial, the Holmes court cautioned that any trial court decision to overturn a verdict because it was against the weight of the evidence must be “closely scrutinized.” Holmes, 78 F.3d at 1047.

There appears to be sufficient evidence in the case before us to allow a reasonable jury to find that Taulbee’s neck injury and its resulting pain was not caused by her fall at Wal-Mart. Dr. Shraberg testified that he saw no evidence of a significant lesion or disorder that was caused by her fall at Wal-Mart. The 1984 letter addressed to Dr. Doepke that alleges Taulbee complained of a pinched nerve in her neck provides some evidence of pre[363]*363existing injury related to Taulbee’s neck. Moreover, Taulbee suffered prior health problems that could be responsible for the general pain she experienced after the accident: the falls at work in 1992 and 1997, her history of migraine headaches, the car accident in the 1980s, Lyme’s disease, and the degenerative arthritis described by Dr. Gilbert. Each of Taulbee’s own doctors— Smith, Vansant, and Gilbert — stated that they could not state to a medical probability or certainty that the pain she attributes to her fall at Wal-Mart was actually caused by that fall.

To be sure, the evidence supporting the jury’s verdict is not strong. Indeed, much of the evidence seems to fall in favor of plaintiff. Three well-credentialed doctors who treated Taulbee on a regular basis believed she had an actual injury to her neck that was caused by her fall. One doctor, hired by Wal-Mart, found from a single examination conducted more than eighteen months after the accident that Taulbee’s injuries were not caused by the accident. However, the jury was free to weigh the credibility of all witnesses in reaching their verdict. It is fair to characterize plaintiffs testimony as often inconsistent and not always forthcoming. This could have affected the jury if it had concerns about her truthfulness. We need not speculate why a jury reached its result, only whether it did so reasonably and on the basis of sufficient evidence. We conclude that the district court did not err in finding that the jury’s verdict was not against the weight of the evidence.

II.

Plaintiff argues that the district court erred on two evidentiary issues: admitting the 1984 letter addressed to Dr. Doepke and prohibiting Dr. Smith from making reference to the American Medical Association (“AMA”) guidelines in his testimony. Each of these arguments presents an interesting issue. However, neither has sufficient merit to warrant reversal.

We review a district court’s decision to exclude or include evidence for abuse of discretion. We ask “whether any reasonable person could agree with the district court.” Rye v. Black & Decker Mfg. Co., 889 F.2d 100, 101 (6th Cir.1989) (quotations omitted). “Heavy reliance is placed on the discretion of the trial judge” and this Court must give the trial judge’s decision great latitude. Id. at 101-02 (quotations omitted).

A.

Dr. Doepke was one of Ms. Taulbee’s treating physicians in the mid-1980s. On November 20, 1984, a doctor at the Kentucky Division for Disability Determination sent Dr. Doepke a letter seeking information relating to Ms. Taulbee’s application for disability benefits. The letter contains the following sentence: “The applicant alleges disability from 11-14-84 due to pinched nerve in neck, chronic pain in side due to multiple surgeries (gallbaldder [sic], ovary) and bladder.” To be precise, the letter does not purport to be the writer’s opinion of Ms. Taulbee’s disability; rather, it repeats Ms. Taulbee’s own allegations of impairment contained in her application for disability benefits. Wal-Mart used the letter for two purposes: to show that Ms. Taulbee had a pinched nerve in her neck in 1984, several years prior to the accident, and to impeach her denial of previous medical problems at trial. The letter presents two potential hearsay problems because it contains two out-of-court statements — Ms. Taulbee’s allegation and the doctor’s recitation of her allegation — offered to prove the truth of the matter asserted. FED. R. EYID. 801(c). Even in retrospect, this letter presents difficult analytic problems.

[364]*364Ms. Taulbee’s allegation, however, is not hearsay because it is an admission by a party-opponent. FED. R. EVID.

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5 F. App'x 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taulbee-v-wal-mart-stores-inc-ca6-2001.