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Hathcock v. Wood3/16/2001
ompensatory-damages award was apparently attributable to his claim for damages for mental anguish. With respect to awards to compensate for mental anguish, we have stated:
"A physical injury or physical symptom is not a prerequisite for a finding of mental anguish. Kmart Corp. v. Kyles, 723 So. 2d 572, 578 (Ala. 1998). A plaintiff is required only to present some evidence of mental anguish, and once the plaintiff has done so the question whether the plaintiff has suffered mental anguish and, if so, the question of how much compensation the plaintiff is entitled to for the mental anguish are questions for the jury, Kyles, 723 So. 2d at 578." Wal-Mart Stores, Inc. v. Goodman, [Ms. 1981683, December 22, 2000] __ So. 2d __, __ (Ala. 2000).
The record contains ample evidence regarding Mr. Wood's mental condition following the accident. The evidence suggests that he frequently experienced intense emotional outbursts and generally suffered from depression because of his chronic pain and his inability to work. Mr. Wood's expert testimony suggested that his head injury had caused a change in his cognitive ability, his memory, and his emotional capacity to handle elements of daily life. The evidence also suggests that Mr. Woods attempted suicide in 1998; a suicide attempt is another acute indicator of his mental condition. Considering the totality of this evidence, we are reluctant to disturb judgment based on the jury's verdict.
III. Conclusion
We conclude that the trial court properly denied the defendant's motion for a remittitur or a new trial. The judgment is affirmed.
AFFIRMED.
Houston, See, Harwood, and Stuart, JJ., concur.
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