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Waring v. Johnson6/12/2000
on closed account was grossly inadequate to compensate plaintiff for mental pain and suffering, fright, nervousness, indignity, humiliation, embarrassment and insults she was subjected to when arrested in presence of her two children and forced to travel to county jail where she was subjected to lengthy booking process, including being photographed and then imprisoned in cell for four hours or more, and thus court did not abuse its discretion in granting new trial nisi additur in amount of $7500); Chiappetta v. Orr, 293 S.C. 250, 359 S.E.2d 530 (Ct. App. 1987)(trial court's grant of vendors' motion for new trial nisi unless purchaser agreed to additur of $12,500 in damages was not abuse of discretion following jury's award of $2,500 damages to vendors against purchaser for breach of contract for sale of home, based on purchaser's stopping payment on earnest money check; it was evident from record vendors' damages were in range of damages awarded by jury verdict and trial judge's additur).
In the instant case, the trial court did not err in granting a new trial nisi additur. The jury failed to consider Waring's pain and suffering in reaching its verdict. Waring visited numerous doctors for years after the accident, seeking relief from varying degrees of pain and discomfort. She underwent surgery for a condition which numerous doctors testified was aggravated by the wreck. Waring took advantage of every recommendation of her physicians and, unfortunately, will most likely suffer pain for the remainder of her life. In addition to the pain she has and will continue to suffer, Waring found herself unable to continue her previous active lifestyle. Indubitably, Waring is entitled to an award for pain and suffering.
As to Johnson's claim the jury's verdict may have been intended to represent a portion of Waring's medical expenses, plus pain and suffering, we find this argument patently untenable. The jury's award of exactly the amount of Waring's medical expenses, to the penny, is an attempt to reimburse her for those very expenses.
Further, we reject Johnson's argument that the jury may have concluded Waring's medical expenses were caused by the accident, but that her pain and suffering arose solely from her pre-existing condition. Each doctor who testified expressed his opinion that Waring's various pains were associated, at least in part, with the accident. Even if the greatest portion of Waring's pain was caused by her pre-existing conditions, there is no question that the accident aggravated or accelerated those conditions, resulting in pain where there previously had been none. See Raino v. Goodyear Tire & Rubber Co., 309 S.C. 255, 259, 422 S.E.2d 98, 100 (1992)("The defendant takes the plaintiff as he is found and the plaintiff is entitled to recover damages resulting from the aggravation of a pre-existing condition.").
Finally, Johnson claims that even if the trial court properly granted additur, the amount awarded for pain and suffering was excessive. We disagree. Given the pain Waring has and will suffer, and the lifestyle she has lost, the court's additur of $40,000 was not excessive.
The Circuit judge articulated compelling reasons in his order justifying the grant of the nisi additur. The order encapsulates a review of the evidentiary record and the applicable law.
CONCLUSION
We hold the trial court did not abuse its discretion by granting a new trial nisi additur. Accordingly, the order of the Circuit Court granting a new trial nisi additur is AFFIRMED.
HEARN, C.J., and HUFF, J., concur.
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