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Lance Inc. v. Ramanauskas3/5/1999
Shawn Ramanauskas ("the child"), age 10, died after being electrocuted while attempting to purchase a snack from an ungrounded electric vending machine owned and maintained by Lance, Inc., a distributor of vending machines. The child's parents, Michael and Tela Ramanauskas ("the parents"), sued Lance, Inc., and several other defendants pursuant to Ala. Code 1975, ยง 6-5-391, which provides a cause of action for the wrongful-death of a minor. The other defendants were Williams Motel, Inc., and Holiday Inns, Inc. (hereinafter collectively referred to as "the motel"); the owners of the Holiday Inn of Clanton, Alabama, on whose premises the Lance, Inc., vending machine that electrocuted the child was located; the Montgomery Coca-Cola Bottling Company, Ltd. ("Montgomery Coca-Cola"), the owner of the soft drink vending machine that was adjacent to and in physical contact with the Lance vending machine on the motel's premises; Dixie-Narco, Inc., and U-Select-It, Corp., the manufacturers of the Coca-Cola and the Lance vending machines; and Sandra Gore, the manager of the Holiday Inn of Clanton, as well as several fictitiously named parties. The parents' theories of recovery from Dixie-Narco, Inc., and U-Select-It, Inc., were based on negligence, wantonness, and product liability. Their theories of recovery from the motel, Montgomery Coca-Cola, and Lance, Inc., were based only on negligence and wantonness.
After extensive discovery, the trial court entered a summary judgment in favor of all of the defendants except Lance, the motel, and Montgomery Coca-Cola. The motel and Montgomery Coca-Cola then entered into pro tanto settlements with the parents. Pursuant to their settlements, Montgomery Coca-Cola agreed to pay $3 million and the motel agreed to pay $7 million. The parents proceeded to trial against Lance alone, claiming that Lance had negligently and/or wantonly caused the child's death. The jury returned a verdict in favor of the parents and against Lance in the amount of $13 million. The trial court denied Lance's posttrial motion for a new trial, for a judgment as a matter of law ("JML"), for a remittitur, or to alter, amend, or vacate the judgment. Lance appeals.
Lance argues that the trial court erred in denying its motion for a JML or for a new trial because, it argues, the parents failed to establish that Lance had a duty to police the electrical circuits at the motel. Lance also contends that the trial court erred in denying its motion for a JML or for a new trial because, it says, the parents failed to present substantial evidence as to each element of their negligence claim and their wantonness claim.
Lance also argues that the jury was confused about how to treat the pro tanto settlements in arriving at the amount of its verdict. Lance also maintains that the jury's verdict was not unanimous. Lance contends that the confusion of the jury and the lack of a unanimous verdict were prejudicial and deprived it of due process and violated its right to a trial by jury. Lance also argues that the circumstances giving rise to the confusion judicially estop the parents from asserting a right to any more than $3 million of the $13 million awarded by the jury.
Lance further maintains that plaintiffs' arguments improperly invoked sympathy and injected Lance's financial situation and the fact that it had insurance coverage into the trial. Those improper arguments, it says, require a new trial or a remittitur of the damages. Lance also asserts that the trial court erred in not awarding a new trial or a remittitur because, it argues, the parents did not present evidence that Lance's conduct was so reprehensible as to support the jury's verdict; because the damages award, it says
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