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Mobile Infirmary Mudical Center v. Hodgen10/31/2003
rt purported to find that, at trial, James Hodgen produced evidence that he had incurred $1,600,000 in compensatory damages. Mobile Infirmary appeals the judgment entered in favor of James Hodgen.
Discussion
I.
Mobile Infirmary argues that the trial court erred in entering a judgment on the jury verdict because it awarded the plaintiff only punitive damages and, Mobile Infirmary argues, the jury must award compensatory damages before it can award punitive damages. See Life Ins. Co. of Georgia v. Smith, 719 So. 2d 797 (Ala. 1998)(a jury must award compensatory or nominal damages to a plaintiff before it can award punitive damages). Thus, Mobile Infirmary argues that this Court should reverse the judgment in favor of Hodgen and render a judgment in favor of Mobile Infirmary. Hodgen responds that any error by the trial court in entering a judgment awarding only punitive damages was invited by Mobile Infirmary when its own counsel affirmatively represented to the trial court that the jury could make such an award. We agree.
Immediately after the jury read its verdict in this case, the trial court dismissed the jurors into the jury room to await a final discharge from their duties. The following discussion then took place:
"The Court: Let me see the lawyers.
"Court Reporter: Do you want me, Judge?
"The Court: Yeah.
"Here it is. I think it's not -- it's acceptable but it's an odd verdict. It doesn't make sense but it's -- I think it's a good verdict. What do you think, Billy [Bates, counsel for Mobile Infirmary]? Not to award -- no award of compensatory [damages]. They found on the wantonness count. I suppose you could say that -- I think they can do it.
"Mr. Bates: I do too.
"The Court: I think it's strange --
"Mr. Bates: I do too.
"The Court: All right. Well, I'm going -- do y'all want me to poll them?
"Mr. Bates: (Shakes head negatively.)
"Mr. Citrin [counsel for Hodgen]: (Shakes head negatively.)
"The Court: All right. Well, here's what I'm going to do: I'm going to tell them to go out that way to get their checks and thank you very much."
After the jury was discharged, Mobile Infirmary filed a motion for a judgment as a matter of law ("JML"), arguing, despite its earlier representation to the trial court that the jury could make such an award, that the trial court's judgment on the jury verdict was improper because the jury failed to award compensatory or nominal damages. At the hearing on the motion, counsel and co-counsel for Mobile Infirmary admitted that they had previously represented to the trial court that they believed the verdict was proper, but that they were taking a different position on the posttrial motion. The trial court, in denying Mobile Infirmary's renewed motion for a JML, explained:
"When the jury initially returned its verdict, the Court asked the jury to wait in the jury deliberation room while the attorneys and the Court discussed verdict. The record establishes that this Court specifically asked counsel for [Mobile Infirmary] whether the jury could do what it had done, i.e., award substantial punitive damages without compensatory or nominal damages. Counsel for [Mobile Infirmary] affirmatively represented to this Court that the jury could do what it had done.
"If [Mobile Infirmary] had indicated there was anything wrong with the jury's verdict, had indicated anything less than its total acceptance of the jury's verdict, or had even voiced suspicions or doubts about the form or substance of the jury's verdict, then this Court would have pr
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