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McLelland v. United Wisconsin Life Insurance Co.3/26/1999
red by a plaintiff, renders any additional jury findings concerning the allocation of the percentage of fault to be mere surplusage." Id. at 537, 882 P.2d at 1050.
{29} Following Turpie and Ramos, we hold that the jury's answer to Question 2, in which it stated that United Wisconsin had not committed a breach of contract in bad faith, controlled the Disposition of the case with respect to punitive damages. In the absence of a finding of bad faith, the jury could not award punitive damages. Its answer to Question 7, in which it stated that McLelland was entitled to an award of $250,000 in punitive damages, could not affect the judgment.
{30} McLelland attempts to distinguish Ramos and Turpie on the ground that in those cases "there was nothing objectionable about the verdict form." We question that characterization. In both cases the jury was directed to answer a special interrogatory even when the jury's answer to a prior interrogatory would render the interrogatory moot. For example, in Turpie the jury was instructed that if it answered that the defendant had committed malpractice, it should then answer questions 5 and 6. See Turpie, 1998-NMCA-042, 1. Question 5 asked whether the malpractice caused the death of the plaintiff's husband. Question 6 asked whether the malpractice was the proximate cause of the plaintiff's loss of consortium. See id. The direction to the jury was "objectionable" in that the jury was directed to answer whether the malpractice caused the plaintiff's injuries even if it found that the malpractice had not caused the injury and death of her husband. The error in Turpie was like the error here. The jury in this case was directed to answer the question on punitive damages even if it failed to find bad faith.
{31} In any event, we think it is beside the point whether or not the verdict form could be characterized as "objectionable." As we stated in Turpie, the issue is whether the verdict is "supportable by law." Id. 15. In this case the punitive damages award was not supportable, because the jury could award punitive damages only if it found a bad faith breach of contract by United Wisconsin. After the jury answers the interrogatories on a special verdict form, the duty of the district court is to "`determin upon such facts the relief which the law award to the respective parties.'" Dessauer v. Memorial Gen. Hosp., 96 N.M. 92, 95, 628 P.2d 337, 340 (Ct. App. 1981) (quoting Walker v. New Mexico & So. Pac. Ry. Co., 165 U.S. 593, 597 (1897)). Given the jury's finding that there was no bad faith breach of contract, the district court's duty under the law was to award McLelland only compensatory damages, which the court could then treble.
{32} Thus, we must set aside the punitive damages award of $250,000. We remand to the district court to decide whether to award McLelland treble damages under the UPA.
CONCLUSION
{33} We reverse the award of punitive damages and remand for a determination by the district court whether to grant treble damages pursuant to the UPA. No costs are awarded on appeal.
{34} IT IS SO ORDERED.
HARRIS L HARTZ, Judge
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