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Shepherd v. Smith2/28/2003
In this appeal, we consider whether the trial court erred by granting the defendant's motion to set aside a plaintiff's verdict on the ground that the verdict was inadequate as a matter of law because it was less than the plaintiff's uncontroverted special damages.
I. Facts and Proceedings Below
On July 20, 2000, Clayton Lee Shepherd ("Shepherd") filed a motion for judgment in the Circuit Court of Westmoreland County alleging that on September 11, 1999 he was struck and injured by an automobile driven by Samantha Smith ("Smith") as he walked down McKiney Boulevard in Colonial Beach, Virginia. Shepherd claimed $750,000 in damages, including approximately $85,000 in medical expenses and $40,000 in lost wages. In her grounds of defense, Smith denied negligence and asserted that Shepherd was contributorily negligent "and/or assumed the risk of his injuries." Upon the evidence presented, the jury returned a verdict in Shepherd's favor in the amount of $65,000.
In post-verdict motions, Smith moved to set aside the jury verdict and argued that "as a matter of law, a verdict less than the uncontroverted special damages must be set aside." Additionally, Smith moved to strike plaintiff's evidence and enter judgment for Smith. In response, Shepherd maintained that the evidence was sufficient to support the jury's verdict that Smith was negligent and that Shepherd was not guilty of contributory negligence, and further asserted that a "defendant lacks standing to object" to the inadequacy of a verdict in favor of the plaintiff.
The trial court's order of August 3, 2001 stated:
Upon the finding that there was evidence to support a verdict for either party, that the jury's verdict was inadequate as a matter of law, and that defendant has standing to complain about the inadequacy of the verdict, it is ORDERED that the jury's verdict rendered May 1, 2001 is set aside as inadequate as a matter of law; it is further ORDERED that a new trial will be held on all issues; and it is finally ORDERED that defendant's motion to strike plaintiff's evidence is denied.
At the subsequent retrial, a jury returned a defense verdict and awarded nothing to Shepherd. Shepherd appeals the adverse judgment of the trial court and assigns error as follows:
The trial court erred by setting aside a jury verdict for an amount less than the special damages upon the motion of the defendant. The defendant lacks standing and authority to object to a verdict of less than the special damages and did not establish the basis for a verdict of less than the special damages. Only the plaintiff may raise such an issue.
II. Analysis
At the outset, it is important to state what this case does not involve. The issue before the Court does not affect in any manner our jurisprudence concerning a plaintiff's request to set aside a jury verdict upon allegations that it is inadequate as a matter of law, nor does this case involve an assertion that the amount of the damages award shows that the award was the product of misapplication of the law. This case involves the narrow question whether a defendant can challenge a jury's verdict for a plaintiff on the sole grounds that it is inadequate as a matter of law. Both parties focus primarily upon two opinions of this Court, Miles v. Rose, 162 Va. 572, 175 S.E. 230 (1934), and Short v. Long, 197 Va. 104, 87 S.E.2d 776 (1955), in support of their contentions.
The case of Miles v. Rose involved consolidation of two related personal injury actions. R. L. Miles, Jr. ("Miles") was the driver of one motor vehicle that collided with another motor vehicle operated by T. E. Denton ("Denton"). Franklin H.
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