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Gatewood v. Sampson3/28/2002
um, according to Sampson. Of a total verdict of $308,000, $298,597.50 remains for pain and suffering. Sampson's proof of pain and suffering was as follows: headache and soreness in the hospital, from which he was released six to eight hours after the incident; recurring nightmares and loss of sleep; occasional headaches and dizziness; hypersensitivity and scarring of the wound; depression; and post-traumatic stress. In light of this evidence, an award nearly 100 times Sampson's medical expenses is, in my view, entirely disproportionate to the injuries Sampson sustained.
. When this Court reviews the verdict of the jury after the trial court has refused to grant a new trial on the question of damages, the question then becomes whether the verdict was either so excessive or inadequate as to shock the conscience and to indicate bias, passion and prejudice on the part of the jury, or, whether the jury failed to respond to reason. Dorris v. Carr, 330 So. 2d 872, 874 (Miss. 1976). Evidence of corruption, passion, prejudice or bias on the part of the jury is an inference, if any, to be drawn from contrasting the amount of the verdict with the amount of the damages. Rodgers v. Pascagoula Pub. Sch. Dist., 611 So. 2d 942, 944-45 (Miss. 1992); Pham v. Welter, 542 So. 2d 884, 888 (Miss. 1989); Matkins v. Lee, 491 So. 2d 866, 868 (Miss.1986); City of Jackson v. Ainsworth, 462 So. 2d 325, 328 (Miss. 1984); Biloxi Elec. Co. v. Thorn, 264 So. 2d 404, 405 (Miss. 1972). While pain and suffering is, to a large degree, not susceptible to monetary quantification, the jury necessarily has broad leeway. Nevertheless, this Court has recognized that the sky is not the limit. Illinois Cent. R.R. v. Gandy, 750 So. 2d 527, 534 (Miss. 1999).
. The jury awarded Sampson damages 100 times his medical expenses. This Court has never sanctioned a verdict so disproportionate as the case at bar. Because I find the award to be excessive, I would reverse and remand for a new trial on damages.
COBB, J., JOINS THIS OPINION IN PART.
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