Worthington v. Bynum

281 S.E.2d 166, 53 N.C. App. 409, 1981 N.C. App. LEXIS 2627
CourtCourt of Appeals of North Carolina
DecidedAugust 18, 1981
DocketNo. 803SC1021
StatusPublished
Cited by3 cases

This text of 281 S.E.2d 166 (Worthington v. Bynum) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Worthington v. Bynum, 281 S.E.2d 166, 53 N.C. App. 409, 1981 N.C. App. LEXIS 2627 (N.C. Ct. App. 1981).

Opinions

BECTON, Judge.

Plaintiffs phrased their sole question for review thusly: “Did the trial court err in granting defendant’s motion to set aside the jury’s verdicts in favor of each plaintiff and in failing to enter order denying said motion and in refusing to enter judgment in favor of each plaintiff in accordance with the jury’s verdicts?” On the facts of this case, the answer to the question is “yes.”

We are not unmindful of the long line of cases suggesting that few, if any, legal principles are more firmly entrenched in the law of this State than the one which vests a trial judge with the power and authority to set aside a verdict when to do so is necessary for the proper administration of justice. Indeed, the cases upholding this principle are legion.

We have held repeatedly since 1820 in case after case, and no principle is more fully settled in this jurisdiction, that the action of the trial judge in setting aside a verdict in his discretion is not subject to review on appeal in the absence of an abuse of discretion.

Goldston v. Chambers, 272 N.C. 53, 59, 157 S.E. 2d 676, 680 (1967). One of those many cases is Settee v. Electric Ry., 170 N.C. 365, 367, 86 S.E. 1050, 1050-51 (1915) in which the Supreme Court said:

The discretion of the judge to set aside a verdict is not an arbitrary one to be exercised capriciously or according to [411]*411his absolute will, but reasonably and with the object solely of [preventing] what may seem to him an inequitable result. The power is an inherent one, and is regarded as essential to the proper administration of the law. It is not limited to cases where the verdict is found to be against the weight of the evidence, but extends to many others. While the necessity for exercising this discretion, in any given case, is not to be determined by the mere inclination of the judge, but by a sound and enlightened judgment in an effort to attain the end of all law, namely, the doing of even and exact justice, we will yet not supervise it, except, perhaps, in extreme circumstances, not at all likely to arise; and it is therefore practically unlimited.

In determining whether a trial judge abused his discretion in setting aside a jury award of damages, we are not only guided by case law, but we are also guided by the will of the people through the legislature. G.S. 1A-1, Rule 59(a) sets out nine grounds upon which the trial court may grant a new trial. Two of the grounds are applicable to this case, and we set them out below:

(6) Excessive or inadequate damages appearing to have been given under the influence of passion or prejudice;
(7) Insufficiency of the evidence to justify the verdict or that the verdict is contrary to law; . . .2

We recognize two separate and distinct standards “for determining what is a sufficient abuse of discretion to warrant a reversal of a trial court’s ruling on a Rule 59 motion.” Howard v. Mercer, 36 N.C. App. 67, 69, 243 S.E. 2d 168, 170, disc. rev. granted, 295 N.C. 466, 246 S.E. 2d 9 (1978) (petition withdrawn on motion by defendant). First, when a motion for a new trial has been denied, deference to the trial court and deference to the jury’s determination combine and compel us to a restricted review of the trial court’s ruling. However, under the second standard, when a motion for a new trial is granted, deference to the trial court’s determination is counterbalanced by deference to [412]*412the jury’s determination of matters of fact. This court in Howard approved the following guidelines which were first set forth in Taylor v. Washington Terminal Co., 409 F. 2d 145 (D.C. Cir.), cert. denied, 396 U.S. 835, 24 L.Ed. 2d 85, 90 S.Ct. 93 (1969)3 for determining when an abuse of discretion has occurred:

Where the jury finds a particular quantum of damages and the trial judge refuses to disturb its finding on the motion for a new trial, the two factors [the jury’s determination and the judge’s determination] press in the same direction, and an appellate court should be certain indeed that the award is contrary to all reason before it orders a remittitur or a new trial. However, where, as here, the jury as primary fact-finder fixes a quantum, and the trial judge indicates his view that it is excessive by granting a remittitur, the two factors oppose each other. The judge’s unique opportunity to consider the evidence in the living courtroom context must be respected. But against his judgment we must consider that the agency to whom the Constitution allocates the fact-finding function in the first instance — the jury — has evaluated the facts differently.
[W]e will reverse the grant of a new trial for excessive verdict only where the quantum of damages found by the jury was clearly within “the maximum limit of a reasonable range.” 409 F. 2d at 147-149.

Howard v. Mercer, 36 N.C. App. at 70-71, 243 S.E. 2d at 171.

Our determination that the quantum of damages found by the jury was clearly within the “maximum limit of a reasonable range” is based on the following facts.

At the time of the accident, Worthington was sixty years of age and in good health; he had a life expectancy of 17.61 years. He was out of work a total of twenty-five and one-seventh weeks as a result of the accident, but did not sustain any loss of income. Worthington’s major injuries can be summarized as follows:

[413]*4131. Broken back — The left first lumbar vertebrae was fractured, and a spinal fusion was performed on 6 June 1977. Worthington was held motionless in a frame until approximately one month after the accident. At that time, he was placed in a body cast for approximately two months. Thereafter, Worthington was required to wear a Jewitt brace, a padded metal device that immobilizes the spine.
2. Cerebral concussion.
3. Contusions and abrasions of the left knee — The knee became infected, but was treated and required no surgery.
4. Tardy ulnar nerve palsy — As a likely result of either the accident or the lengthy bed rest required of him, Worth-ington developed tardy ulnar nerve palsy of the left hand, which initially caused severe loss of grip and loss of sensation in the left hand. Ultimately, Worthington’s left elbow was operated on to relieve pressure on the nerve.

As a result of the accident, Worthington had to learn to walk again. He presently has difficulty doing some of the maintenance, repair work, and gardening around his house which he did prior to the accident, and he has to rest at work because he gets tired and hurts occasionally. As a result of the accident, Worthington has suffered a 30% permanent partial disability of his back; a 7% permanent partial disability of the left knee; and a 5% permanent partial disability of his left hand, including a permanently crooked little finger. Worthington’s medical bills were $9,893.45. He was hospitalized for the periods of 23 May 1977 through 25 June 1977, 26 August 1977 through 1 September 1977, and 10 January 1978 through 12 January 1978.

At the time of the accident, Cogdeli was forty-two years old and in good health. As a result of the accident, Cogdeli was out of work twenty-four and one-seventh weeks but sustained no loss of income.

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Cite This Page — Counsel Stack

Bluebook (online)
281 S.E.2d 166, 53 N.C. App. 409, 1981 N.C. App. LEXIS 2627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/worthington-v-bynum-ncctapp-1981.