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Hathcock v. Wood3/16/2001
ould show that Mr. Wood did not see a physician concerning his injuries for almost 10 months after visiting the doctor on April 7, 1994. The thrust of this statement was to suggest either that Mr. Wood was exaggerating the extent of his original injuries or that, given the nearly 10-month lapse in treatment, his current physical condition could not be found to have been proximately caused by the automobile accident. In response to these remarks and in anticipation of defense counsel's theory of the case, Mrs. Wood testified that she and her husband had been unable to afford consistent medical care and that they had been forced to sell their home to pay for his treatment once they could no longer ignore the necessity for it. Mrs. Wood's testimony as to the Woods' inability to afford medical care, therefore, provided the jury with a concise explanation for why her husband let almost 10 months pass without seeking treatment for his maladies. Further, her testimony regarding the sale of the family home explained why they could later afford adequate treatment. Consequently, given the facts of this case, we conclude that the trial court did not err by allowing this evidence.
Finally, Hathcock argues that the $800,000 award of compensatory damages was excessive. Specifically, he contends that the evidence did not support the individual awards to Mr. and Mrs. Wood totaling $600,000 and $200,000 respectively.
We have consistently held that jury verdicts carry a presumption of correctness and that that presumption is strengthened when the trial court denies a motion for a new trial. Northeast Alabama Reg'l Med. Ctr. v. Owens, 584 So. 2d 1360, 1366 (Ala. 1991). The appellate courts of this state do not favor setting aside a jury verdict if doing so can be avoided. Id. When we review a jury verdict on the ground of excessiveness, our review focuses on the plaintiff, and we must ask what the evidence supports in terms of the loss or harm suffered by the plaintiff. Daniels v. East Alabama Paving, Inc., 740 So. 2d 1033, 1044 (Ala. 1999). In the absence of a flawed verdict, no statute allows us to invade the jury's province to award compensatory damages. Id.
The evidence suggests that Mrs. Wood incurred medical expenses totaling $1,068.50. The evidence as to the total medical expenses incurred by Mr. Wood is unclear. Although evidence indicated that Mr. Wood had incurred medical expenses totaling $4,358.25, that amount was payable only to a single physician. The record indicates that Mr. Wood saw numerous other medical and psychological professionals, but we are unable to determine the cost of those services from the record before us. Whatever the value or the cost of those services may have been, it is apparent that the bulk of Mr. Wood's award, like the bulk of Mrs. Wood's award, was intended to compensate for more than medical costs. While Mrs. Wood's damages award was apparently intended largely to compensate her for the loss of her husband's consortium, Mr. Wood's award entailed elements of lost earnings (based on his testimony that he had projected the year 2013 as his year of retirement) and, importantly, mental anguish.
Regarding the award to Mrs. Wood, we note that the jury heard a substantial amount of evidence regarding Mr. Wood's mental condition after the accident. Dr. Conboy, testifying for the Woods, concluded that the head injury Mr. Wood had suffered in the accident had altered his personality and had caused him to become emotionally fragile. The evidence suggests that Mr. Wood's condition left him permanently unable to support, comfort, and care for Mrs. Wood. Consequently, we are reluctant to disturb the jury's award to her.
Much of Mr. Wood's $600,000 c
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