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Kravitz v. Beech Hill Hospital9/27/2002
6). In this case, there is no clear finding that Doe suffered damages as a result of a breach by Beech Hill. While the jury originally answered "yes" to the question regarding whether Beech Hill's breach of its duty caused damages to the plaintiffs (plural), the jury awarded no damages to Doe. The jury subsequently informed the court in its jury question that it did not find that Doe suffered damages. It explained that "we felt that there were damages in the way of medical expenses incurred by Judith Kravitts ut not necessarily damages to Jane Doe as caused by Beech Hill." Thus, although the jury found that Beech Hill was one hundred percent at fault for the plaintiffs' damages, the jury only intended to award medical expenses to Kravitz and did not intend to find damages for Doe.
We also agree with the trial court's determination that the jury's verdict indicates that the jury did not find that the alleged sexual assault occurred. While liability had already been established against Reels by default, in apportioning legal fault between Beech Hill and Reels, the jury found that Reels was not legally at fault for any of the plaintiffs' damages. If the jury found that Doe had not assented to the sexual contact, it probably would have apportioned at least a portion of legal fault to Reels. Considering the above, the trial court did not err in concluding that the jury determined that the sexual activity had been "volitional on the part of both parties."
We next address Beech Hill's argument that the trial court erred in admitting Beech Hill's own medical bills for the time following the alleged rape as evidence of damages. Beech Hill argues that because the plaintiffs failed to produce evidence that there was a causal connection between the alleged rape and the Beech Hill bill, the bill was irrelevant. Because Kravitz's verdict was based solely on this purportedly inadmissible evidence, Beech Hill argues that the verdict should have been set aside.
Evidence is relevant if it has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." N.H. R. Ev. 401. The determination of whether evidence is relevant is within the sound discretion of the trial court, and we will not reverse its determination absent an unsustainable exercise of that discretion. See Marcotte v. Timberlane/Hampstead School Dist., 143 N.H. 331, 346 (1999); see also Lambert, 147 N.H. at 296 (explaining unsustainable exercise of discretion standard).
During the trial, the plaintiffs presented evidence that Doe was exhibiting signs of emotional trauma from the alleged rape, thus requiring further care during her stay at Beech Hill. Although Beech Hill presented contrary evidence, that is, that Doe would have been required to continue her stay at Beech Hill regardless of the alleged rape, the jury could have reasonably accepted the plaintiffs' argument that the medical bills were necessitated by the emotional trauma of the rape. As sufficient evidence was presented to create a causal connection between Doe's alleged rape and her extended stay at Beech Hill, we conclude that the trial court did not err in allowing the medical bills to be submitted to the jury and in denying Beech Hill's request to set aside the verdict.
We last address whether the trial court erred in allowing the plaintiffs to amend their pleadings after the verdict. In its order, the trial court explained that "the jury appears to have provided Mrs. Kravitz with a restitutional or contractual remedy. That remedy was not pleaded. Under our liberal policy of amendment of pleadings, a party may seek to amend even aft
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