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Martinez v. Friede2/20/2004
We were petitioned to review the opinion of the Court of Appeals, which held that the district court's order granting a new trial was void since the court lacked jurisdiction to rule on a motion for new trial more than thirty days after it was filed. Martinez v. Friede, 2003-NMCA-081, 1, 133 N.M. 834, 70 P.3d 1273. We granted certiorari pursuant to NMSA 1978, Section 34-5-14(B) (1972) and Rule 12-502 NMRA 2004. We hold that the district court lacked the authority to grant Petitioner's motion for new trial under Rule 1-059 NMRA 2004; however, the district court's reopening of the judgment and granting of a new trial was authorized and proper under Rule 1-060(B)(6) NMRA 2004. Therefore, we reverse the Court of Appeals and reinstate the May 24, 2001 judgment in this case, which included damages of $10,353.75 for Petitioner's pain and suffering.
I.
This case arose out of an automobile accident in Albuquerque. Susan Friede ("Respondent") was the driver of one car and Diane Martinez ("Petitioner") the driver of the other. Antonette Martinez and Benjamin Martinez were both passengers in the car driven by Petitioner. Petitioner and each of her passengers sustained physical injury and thus filed suit against Respondent. At trial, all three plaintiffs alleged they were entitled to damages resulting from past and future pain and suffering. At the close of evidence, the district court granted a directed verdict against Petitioner and Benjamin Martinez denying them damages for future pain and suffering. The district court ordered the parties to modify the jury instructions to reflect the directed verdict. As modified, Jury Instruction No. 23 read in full:
If you should decide in favor of any plaintiff on the question of liability, you must then fix the amount of money which will reasonably and fairly compensate him or her for any of the following elements of damages proved by such plaintiff to have resulted from the negligence as claimed:
(1) The reasonable expense of necessary medical care, treatment and services received. Interest charged by Dr. Nagakura cannot be considered.
(2) The nature, extent and duration of the injury .
(3) The pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injury . You can consider future pain and suffering as to plaintiff Antonette Martinez only.
(4) The aggravation of any pre-existing ailment or condition, but you may allow damages only for the aggravation itself and not for the pre-existing ailment or condition.
The guide for you to follow in determining compensation for pain and suffering, if any, is the enlightened conscience of impartial jurors acting under the sanctity of your oath to compensate the plaintiff with fairness to all parties to this action.
Whether any of these elements of damages have been proved by the evidence is for you to determine. Your verdict must be based upon proof and not upon speculation, guess or conjecture. Further, sympathy or prejudice for or against a party should not affect your verdict and is not a proper basis for determining damages.
(Emphasis added.) Jury Instruction No. 23 was then submitted to the jury without objection from either party.
The jury found Respondent wholly liable for the accident and awarded Petitioner medical expenses of $4353.75, Benjamin Martinez medical expenses of $1908.50, and Antonette Martinez medical expenses of $16,143.75. The jury also initially returned a general award of $30,000, but failed to specify how this award was to be divided among the plaintiffs. The district court, with the approval of the attorneys
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