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Mead v. Western Slate2/13/2004
ace). Plaintiff further alleged that defendants' misconduct had been willful, wanton, and malicious, entitling him to punitive damages.
5. Defendants filed motions to dismiss and for summary judgment, arguing that workers' compensation provided the exclusive remedy for plaintiff's injuries, and that the evidence was insufficient to establish an exception to the rule of exclusivity for intentional injury . The court denied the motions. At the close of plaintiff's case in chief, and again at the conclusion of all the evidence, defendants moved for judgment as a matter of law on the basis of workers' compensation exclusivity. The court denied both motions, finding that the evidence was sufficient to raise a jury question as to whether defendants had knowledge to a "substantial certainty" that their actions would result in plaintiff's injuries. Plaintiff voluntarily withdrew his separate negligence claim against Harrison. Additionally, the court ruled that the evidence was insufficient to submit the issue of punitive damages to the jury.
6. Over objection, the court then instructed the jury that it was plaintiff's burden to prove that defendants had the "specific intent to injure him," but that such intent could be established in one of two ways: that defendants either "had the purpose or desire to cause him injury or that although the Defendants lack such purpose or desire they knew to a substantial certainty that their actions would bring about his injury." Later, during its deliberations the jury sent a note to the court stating, "we need a good detailed definition of specific intent." After consulting with counsel, the court informed the jury that it had defined specific intent in the instructions already given, and offered no further definition.
7. The jury returned a special verdict in favor of plaintiff, finding that although neither defendant had a specific purpose or desire to injure him, both knew to a substantial certainty that their actions or inactions would injure plaintiff. The jury assigned separate damage awards to each defendant, finding Western to be liable for medical expenses of $3044, pain and suffering of $40,000, and lost wages of $14,176, and Harrison to be liable for medical expenses of $9134, and pain and suffering of $50,000. The court entered a single judgment in favor of plaintiff for a total of $116,355.
8. Defendants subsequently filed post-trial motions for judgment as a matter of law, or in the alternative, new trial, restating their contention that the court had erred as a matter of law by allowing the jury to find a specific intent to injure based on a substantial certainty that injury would occur. Defendants also filed motions to amend the judgment to reflect the court's earlier determination that the judgment against defendants would be several and to reduce the award by the amount of workers' compensation benefits paid to plaintiff on defendants' behalf by their insurance carrier. Plaintiff, for his part, moved to alter the judgment to find defendants jointly and severally liable, and also moved for costs and pre-judgment interest. The court entered an order denying all post-judgment motions except the request for separate verdicts and judgments, and issued amended judgments against Western for damages of $57,221 plus "plaintiff's costs of action" and against Harrison for $59,134 plus "plaintiff's costs of action."
9. On appeal, defendants challenge the court's denial of their motions for judgment as a matter law, claiming principally that the court erred by: (1) allowing plaintiff's lawsuit to proceed after he had elected to apply for and receive workers' compensation benefits; and (2) departing from the strict
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