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Green v. Fritz12/15/2003
Submitted November 3, 2002
REVERSED
Mildred Green sued Jason Fritz to recover damages for bodily injuries suffered during an automobile accident. The jury returned a verdict for Green in the amount of $1,500.00 in actual damages and $500.00 in punitive damages. Green moved for a new trial nisi additur. The trial judge granted the motion, increasing the total award to $14,000.00. Fritz appeals, asserting, inter alia, the motion was improvidently granted because the trial judge failed to articulate compelling reasons to invade the province of the jury. We reverse and reinstate the jury verdict.
FACTS/ PROCEDURAL HISTORY
Fritz was attempting to turn left out of a gas station parking lot. To execute the turn and join left-bound traffic, Fritz had to cross three lanes of right-bound traffic. A vehicle in the closest right-bound lane slowed and signaled for Fritz to proceed, which he did. After successfully crossing two lanes of traffic, however, Fritz collided with Green.
The EMS crew that responded to the accident took Green by ambulance to the Orangeburg Regional Medical Center. Green, who had a history of high blood pressure and diabetes, was kept overnight for the purpose of monitoring her blood sugar and blood pressure. During her stay at the hospital, Green did not complain of, and was not treated for, neck, back, or muscle pain.
Green took two days off from work after the accident, though she testified that the pain in her neck and back persisted after that period. Four weeks after the accident, Green sought treatment from Dr. Shay, a chiropractor. Dr. Shay diagnosed Green with cervical subluxation. The treatment lasted approximately four weeks and cost a total of $1,470.00.
Green brought this negligence action against Fritz, seeking to recover damages sustained in the accident. During opening remarks at trial, Fritz's attorney admitted fault. Green's chiropractor testified about the extent of Green's back injuries. On cross-examination, defense counsel challenged the causal link between the accident and Green's subluxation diagnosis. Specifically, Dr. Shay was asked whether Green's back injury could have been caused by something other than the car accident, and Dr. Shay admitted that was possible. Green did not claim to experience any accident-related problems subsequent to her treatment with Dr. Shay. She also did not claim to have sustained any permanent injuries as a result of the accident.
Following the jury's verdict, Green moved for a new trial nisi additur, arguing that the verdict was grossly inadequate and that "it had to be compassion, prejudice or something of that nature, some other outside influence." The trial court granted Green's motion for a new trial nisi additur, increasing the jury's total award from $2,000.00 to $14,000.00. The order, in its entirety, reads as follows:
The plaintiff's motion for a new trial nisi additur or in the alternative for a new trial absolute is hereby granted.
The jury returned a verdict in the amount of $1500.00 actual damages and $500.00 punitive damages. The evidence revealed that the plaintiff's actual damages were:
1. Loss Wages 118.88 2. Hospital Bill 1132.55 3. Dr. Shea 1470.00 4. Medical Records 21.47 5. Ambulance Bill 186.35 Total Special Damages =2929.25
It is well settled that a trial judge may add to or subtract the jury's award if it appears to be the result of passion, caprice, or something not found in the record. If find and conclude that the verdict in this case is grossly inadequate.
It is therefore ordered, adjudged and decreed that the sum of $12,000.00 be added to
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