Williams v. Monarch Transportation, Inc.

470 N.W.2d 751, 238 Neb. 354, 1991 Neb. LEXIS 241
CourtNebraska Supreme Court
DecidedJune 14, 1991
Docket88-1074
StatusPublished
Cited by20 cases

This text of 470 N.W.2d 751 (Williams v. Monarch Transportation, Inc.) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Monarch Transportation, Inc., 470 N.W.2d 751, 238 Neb. 354, 1991 Neb. LEXIS 241 (Neb. 1991).

Opinions

Shanahan, J.

In the district court for Sarpy County, William O. Williams, personal representative of the estate of Kari L. Williams, brought a wrongful death action against Monarch Transportation, Inc., regarding a collision between an automobile driven by Kari L. Williams and a truck owned and operated by Monarch. The collision resulted in Kari’s hospitalization and eventual death on October 14, 1987. After Monarch admitted liability for the collision and Kari’s death, only the question of damages was submitted to the jury, which awarded $15,804.46 for Kari’s hospital and funeral expenses and $250,000 for pecuniary loss sustained by Kari’s next of kin.

Monarch appeals and contends that the $250,000 verdict is contrary to law, unsustainable under the evidence, and the product of passion, prejudice, speculation, and sympathy.

Kari, who died at age 24, was survived by her parents, Shirley Ann and William “Bill” Williams, who were near 50 years of age at the time of Kari’s death. Shirley Ann and Bill Williams have been married for 31 years, throughout which they have lived in Springfield, Nebraska. Both Shirley Ann and Bill Williams are employed. Kari had an older sister, two younger sisters, and an older brother.

Until a year before her death, Kari had lived with her parents in their home, where the Williams children had grown up. As [356]*356the middle child in the family, Kari was the “mediator,” one who would always “smooth things over” when childhood quarrels developed.

According to one of Kari’s junior high school teachers, Kari was “[v]ery positive. She was a very bright, very upbeat, cheerful type of young lady, kind of a spark plug with a group, I guess. Always kind of kept the group happy and cheerful and doing positive and constructive things.”

When Kari attended Platteview High School near Springfield, she also participated in volleyball, basketball, and track. Describing Kari’s involvement in those extracurricular activities, Robert Icenogle, a Platteview teacher, characterized Kari: “She gave her best. She would make any sacrifice that was needed or called for . . . .” Also, Icenogle noted that Kari was family oriented and frequently talked about her family’s activities. Icenogle observed that there was a “[v]ery close relationship” between Kari and her parents, with whom she was “always very close, very supportive.”

The day after she was graduated from high school, Kari began employment in the office of Timmerman Feedyards near Springfield, where she earned $19,000 annually. Gerald Timmerman, owner of the feedyard, described Kari as an “extraordinary” employee who displayed “[ujnlimited” potential and a combination of “a business manner and a very personal manner ... a talent, you know, that God gives somebody, you don’t develop that.” According to Timmerman, “the only thing that ever meant more to [Kari] than her work and her friends was her family.” In Timmerman’s view, the Williams family was the “upmost first” priority in Kari’s life.

About a year before her death, Kari arranged to rent a house from her brother, Mike. That house was located 1 mile from the home of Shirley Ann and Bill Williams. According to Mike, Kari felt it was time to leave the family home, but she wanted to live near her parents “so she could always stop in.” After Kari moved, she visited her parents almost daily, sometimes stopping by and saying “just checking on you,” but many times staying for dinner and late into the evening, or even overnight. In the words of Bill Williams, Kari was “[ajlways ... in contact with you no matter what.” As Mike Williams recounted, “There [357]*357[were] a lot of times it still looked like [Kari] lived there.” According to Kari’s mother and father, they “saw her just as much after she was gone as [they] did while she lived there.”

As far as family events were concerned, Kari was the “great organizer.” She cooked, set up tables, decorated, and cleaned her parents’ home for large holiday gatherings. When a family birthday was approaching, Kari always contacted each family member to remind them, or to tell them about a family celebration which had been planned. Kari “went a lot of places” with Shirley Ann and Bill Williams, including a vacation trip to Minnesota in the summer preceding Kari’s death. On weekends, according to Bill Williams: “It was a Sunday ritual... we [Kari and her parents] went to church every Sunday morning. After church, we go out and have breakfast together and that was just the way it was on Sunday mornings.” Kari and her mother shopped together almost every weekend and often had lunch together during the week. As Shirley Ann Williams expressed: “Kari lived at home as an adult probably more than the other girls .... I got to know her more on the basis of a friend. She became a friend as well as a daughter. She was probably my best friend.” Although Kari moved from the family home, she continued to help her parents with various tasks, such as gardening and preparation of family gatherings. Kari’s relationship with her parents never changed before her death. As Shirley Ann Williams expressed Kari’s relationship with her parents: “If you ever needed help with anything at all, all you had to do was call Kari.”

Monarch did not cross-examine any witness who testified about Kari’s relationship with Shirley Ann and Bill Williams and her activities involving her parents. Monarch did not present any case in chief.

The court correctly instructed the jury on the elements of damages recoverable in a Nebraska wrongful death action. The jury returned its verdict for $265,804.46, including $250,000 for pecuniary loss sustained by Kari’s next of kin.

STANDARD OF REVIEW

A verdict in a civil case will be upheld on appeal unless a jury’s finding, necessary for the verdict, is clearly erroneous. [358]*358See, Chadron Energy Corp. v. First Nat. Bank, 236 Neb. 173, 459 N.W.2d 718 (1990); Blanchette v. Keith Cty. Bank & Trust Co., 231 Neb. 628, 437 N.W.2d 488 (1989).

“A verdict in a civil case must be sustained if the evidence, viewed and construed most favorably to the prevailing party, is sufficient to support that verdict.” Rahmig v. Mosley Machinery Co., 226 Neb. 423, 443, 412 N.W.2d 56, 70 (1987). As expressed in Rahmig: “A verdict will not be set aside on appeal unless it is so clearly exorbitant as to indicate that it was the result of passion, prejudice, or mistake, or it is clear that the trier of fact disregarded the evidence or rules of law.” 226 Neb. at 457, 412 N.W.2d at 78.

[A] verdict may be set aside as excessive or inadequate when, and not unless, it is so excessive or inadequate as to be the result of passion, prejudice, mistake, or some other means not apparent in the record. If a verdict shocks the conscience, it necessarily follows that the verdict was the result of passion, prejudice, mistake, or some other means not apparent in the record.

Crewdson v. Burlington Northern RR. Co., 234 Neb. 631, 643, 452 N.W.2d 270, 280 (1990). Accord, Maloney v. Kaminski, 220 Neb.

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Williams v. Monarch Transportation, Inc.
470 N.W.2d 751 (Nebraska Supreme Court, 1991)

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Bluebook (online)
470 N.W.2d 751, 238 Neb. 354, 1991 Neb. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-monarch-transportation-inc-neb-1991.