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Waring v. Johnson6/12/2000
to reduce inflammation. He opined Waring's 1992 accident most probably caused or contributed to her back and leg pain. Dr. Friedman explained that Waring had a pre-existing degenerative arthritic condition which the accident probably accelerated or aggravated. He stated Waring's pain would be permanent and would require a variety of treatments over the remainder of her life, including medication, physical therapy, epidural steroid injections and, possibly, surgery.
In October of 1997, Waring returned to the Carolina Spine Institute where she was treated by several doctors. Her primary complaints were back pain, leg pain, numbness on the top of her foot, pain in her right foot, and an inability to move her toes. Waring received epidural steroid injections and selective nerve root injections to ease the pain. Dr. John Johnson, who treated her at the institute, testified Waring's 1992 accident was the initial cause of her back pain and, although she had pre-existing conditions, the accident clearly aggravated them, causing her cascading pain requiring surgery and years of treatment. Dr. Johnson asserted that, based on the treatment Waring received in the past, he would be "very surprised if there's anything that can be done for her" to make her better. He did, however, refer Waring to a chronic pain specialist.
In addition to the pain and surgery she endured, Waring's lifestyle was changed by the accident. Prior to this wreck, Waring enjoyed traveling long distances, camping, competitive salt water sport fishing, golfing, boating, swimming, and gardening. Since the accident, Waring has been unable to return to most of these activities.
Waring filed this action against Johnson and his father in 1995 seeking recovery for personal injuries suffered as a result of the accident. Johnson's father was subsequently dismissed as a party. At the conclusion of the trial, the court instructed the jury with regard to the law of aggravation of a pre-existing injury and the law of damages, including past and future medical expenses, as well as physical and mental pain and suffering. The jury returned a verdict of $23,237.28, the exact amount of Waring's medical bills. Waring moved for a new trial nisi additur or, in the alternative, a new trial absolute. The court denied the motion for a new trial absolute, but granted the motion for a new trial nisi additur, finding:
he verdict is not so grossly inadequate so as to shock the conscience of the Court nor to indicate that the jury was motivated by passion, caprice or prejudice. Rather the verdict is merely inadequate because it fails to compensate [Waring] for all of her damages. Since the verdict was for the exact amount of the medical bills it is clear that the jury believed the medical treatment to be reasonable and necessary. The jury failed to make any award for other damages such as pain and suffering.
The court determined: " his is a case appropriate for a new trial nisi additur in the amount of $40,000 in addition to the verdict rendered by the jury." The court ruled that if Johnson did not accept the additur within fifteen days, Waring would receive a new trial absolute.
ISSUE
Did the trial court err in granting Waring's motion for new trial nisi additur?
LAW/ANALYSIS
Johnson argues the trial court abused its discretion in granting Waring a new trial nisi additur. Specifically, he maintains the court (1) failed to consider that the jury's verdict might have represented an award of pain and suffering and a portion of Waring's claimed medical expenses; (2) failed to consider that the jury might have concluded Waring's medical expenses were proximately caused b
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