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Arrabal v. Crew-Taylor12/3/2004
ut its previous entry of an award of medical expenses to Mrs. Taylor, and entered that amount with respect to the Estate.
The jury's need for re-direction as to the verdict demonstrated its uncertainty about what and to whom damages might be awarded. The haste with which the jury determined to award a total of $350,000 to Mr. Taylor and the Estate also demonstrates that the verdict was not deliberate and driven by other factors.
Initially, the jury returned to the courtroom and answered Questions 1 through 4. The clerk then asked the foreperson:
In what amount, if any, do you find damages for the plaintiffs, Tracy Crew-Taylor, Charles Taylor, and Che Taylor?
Claims of the Estate of Che Taylor. Past medical expenses.
THE FOREPERSON: Excuse me? Where are we?
THE CLERK: Okay. Item Number 5A, Claims of the Estate of Che Taylor.
THE FOREPERSON: It said to go to B.
The foreperson then told the court "there is an error in the direction [on the verdict sheet]." The foreperson was correct. The verdict sheet said: "If your answer to Question 4 is `Yes," proceed to Question 5B only." The verdict sheet should have read, "If your answers to both Questions 2 and 4 are `Yes,' then answer Questions 5A, 5B, and 5C." After the error was brought to her attention, the judge told the jury to go back in the jury room and answer Questions 5A, B, and C.
It appears to be true that the jury, to some extent at least, was confused by the verdict sheet. But, contrary to appellants' contentions, we have no way of knowing what damages were written on the verdict sheet prior to the point that the jury was sent back into the jury room. Likewise, there is nothing in the record to corroborate appellants' counsel's representation that the interlude between the point where the jury was sent back for more deliberation and the time it returned with its final answers to the questions on the verdict sheet was ten minutes. Finally, there is nothing in the record to support appellants' contention that the ultimate dollar figures that appear on the verdict sheet were the products of jury confusion. Under all these circumstances, we are unconvinced that the trial judge abused her discretion.
JUDGMENT IN FAVOR OF THE ESTATE OF CHE TAYLOR FOR PAST MEDICAL EXPENSES REVERSED; ALL OTHER JUDGMENTS AFFIRMED; COSTS TO BE PAID 75% BY APPELLANTS AND 25% BY THE ESTATE OF CHE TAYLOR.
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