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Thompson v. Hughart6/24/2003
e. A new trial on damages will be granted only when the verdict is so inadequate or excessive that it "could only have been rendered on account of passion or prejudice." Flanagan v. Lindberg, 404 N.W.2d 799, 800 (Minn. 1987). The district court's denial of such a motion will not be reversed unless there was an abuse of discretion. Pulkrabek v. Johnson, 418 N.W.2d 514, 516 (Minn. App. 1988), review denied (Minn. May 4, 1988).
Hughart cites nothing in the record to show that the jury's damage award is the product of passion or prejudice. He contends that the award is excessive because Demo was unemployed at the time of his death. But the jury awarded no damages for future economic losses, and Demo's employment status is unrelated to the amount that the jury awarded to compensate Demo's next of kin for the loss of his "counsel, guidance, aid, advice, comfort, assistance, protection, and companionship." See Ferguson v. Orr, 427 N.W.2d 732, 734 (Minn. App. 1988) (stating that damages for loss of support are not limited to income contribution), review denied (Minn. Oct. 26, 1988). Further, trial testimony showed that Demo left two young sons, and the mother of Demo's sons testified about the impact of his death on the boys. We cannot conclude that the award was excessive as compensation for the loss that Demo's next of kin suffered because of his death.
Because the jury's compensatory-damages award is not excessive, the district court did not abuse its discretion by denying Hughart's motion for a new trial on damages.
V.
Finally, Hughart contends that the district court abused its discretion by denying his motion for remittitur. The district court's decision to deny a motion for remittitur is within the court's sound discretion, and we will not disturb its decision on appeal "in the absence of a clear abuse of discretion." State by Humphrey v. Briggs, 488 N.W.2d 811, 814 (Minn. App. 1992), review denied (Minn. Sept. 15, 1992). "The test for setting aside a verdict as excessive is whether it shocks the conscience." Verhel v. Indep. Sch. Dist. No. 709, 359 N.W.2d 579, 591 (Minn. 1984) (citation omitted). The district court must leave the plaintiff with the highest amount permitted by the evidence. Newmaster v. Mahmood, 361 N.W.2d 130, 133 (Minn. App. 1985).
Hughart contends that the compensatory-damages award is excessive because Demo was unemployed at the time of his death and there was no evidence presented at trial to support the award. But as we have noted, Demo's employment status is unrelated to the amount of damages, and Thompson presented evidence of the impact of Demo's death on his sons. We conclude, therefore, that the district court did not abuse its discretion by denying Hughart's motion for remittitur.
DECISION
The district court did not err by denying appellant's motions for JNOV or a new trial. Further, the district court did not err by denying respondent's motion for JNOV and did not abuse its discretion by denying respondent's motions for a new trial on damages or for remittitur.
Affirmed.
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