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Nelson v. University of Hawaii12/11/2001
at the University, but "unable to work in any work place." She also would experience pain and suffering in the future for the rest of her life. Further, Dr. Ginandes stated that Nelson had an outstanding bill at his office, her medical bills for services were about $10,000 per year, and her medication costs ranged from $300 to $500 per month.
In addition to Drs. Ho and Buxton, who denied most of Nelson's allegations, see discussion supra, Defendants called several faculty members to testify. Charles T. Araki, former interim dean of the College of Education, testified that he reviewed the HPER department personnel committee's recommendations regarding Nelson's contract renewal in 1996 and that Nelson's contract was not renewed because of her "lack of publication." The court admitted into evidence a letter written by Araki to Nelson informing her of her non-renewal. Nelson objected to the admission of a memorandum to Araki from the personnel committee regarding its recommendations for non-renewal, apparently based on the trial court's prior ruling on the motion in limine regarding evidence of the non-renewal, but the memorandum was eventually admitted into evidence.
Defendants also called Boyd Slomoff, M.D. (Dr. Slomoff), a psychiatrist who had conducted an independent medical examination (IME) of Nelson in March 1997 and had reviewed her medical history. Dr. Slomoff testified that Nelson had a history of depression and opined that she suffered from an occupational problem and an adjustment disorder, which he also referred to as a personality disorder, but that she was capable of working.
After Defendants called their last witness, Nelson proffered rebuttal evidence of Nelson's publications between 1995 and 1996 to challenge Defendants' explanation for the non-renewal of her contract in 1996. Nelson also sought to recall Dr. Ginnades to counter Dr. Slomoff's testimony. Defendants argued that Nelson should have brought out this evidence in her case-in-chief. The court denied Nelson's request to present additional evidence in rebuttal.
In closing argument, Nelson claimed damages in the amount of $300,000 for medical services, $108,000 for medication, $62,000 for lost wages, $940,000 for future loss of income, and $900,000 for general pain and suffering.
During the settling of jury instructions, the trial court refused six of Nelson's supplemental instructions regarding the elements and definition of sexual harassment. Instead, the trial court gave Defendants' requested instructions on sexual harassment.
C. Verdict
On December 16, 1998, the jury returned a verdict, awarding Nelson $50,000 in general damages for NIED, but found in favor of Defendants on all other claims. On December 18, 1998, Defendants filed a motion for JNOV, and Nelson filed a motion for new trial or to amend the judgment. On December 28, 1998, the trial court granted Defendant's motion for JNOV, dismissed the NIED claim, and denied Nelson's motion for new trial. Judgment was entered in favor of Defendants, and Nelson's timely appeal followed.
II. DISCUSSION
A. Admissibility of Rebuttal Evidence
Nelson contends that the trial court abused its discretion by denying her request to present rebuttal evidence to show that Defendants' proffered reason for the non-renewal of her contract in 1996, i.e., lack of publication, was a pretext and to refute Dr. Slomoff's testimony regarding Nelson's ability to work. Defendants argued that such evidence was "just rehashing what has already been submitted or should have been submitted to the court in [Nelson's] case-in-chief." The court disallowed Nelson's proffered rebuttal evidence,
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Hawaii Personal Injury Attorneys
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