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Whelan v. Moore3/16/2000
principal cause. In denying Whelan's motion for new trial, the court necessarily found that the juror was not subject to challenge for favor. We find no abuse of discretion.
5. Whelan contends that in light of expert testimony concerning his lack of negligence, the trial court erred in denying his motion for new trial on the general grounds.
"'Where a jury returns a verdict and it has the approval of the trial judge, the same must be affirmed on appeal if there is any evidence to support it as the jurors are the sole and exclusive judges of the weight and credit given the evidence. . .' [Cit.]" Here, there is ample evidence supporting the jury's finding of negligence by Whelan.
6. Whelan finally contends that the trial court erred in denying his motion for new trial because the damages awarded to Moone were excessive.
"Before the verdict will be set aside on the ground that it is excessive, where there is no direct proof of prejudice or bias, the amount thereof, when considered in connection with all the facts, must shock the moral sense, appear 'exhorbitant,' 'flagrantly outrageous' and 'extravagant.' 'It must be monstrous indeed and such as all mankind must be ready to exclaim against at first blush.' It must carry its death warrant upon its face."
In this case, there is no evidence that the verdict was the product of juror prejudice or bias. There is, however, evidence from which the jury could find that Moone sustained severe deformities with loss of function and resulting disability, that these deformities significantly diminished her capacity to labor and her enjoyment of life, and that her physical and emotional pain and suffering were substantial. The court did not abuse its discretion in denying the motion for new trial on the ground that the verdict was excessive.
Judgment affirmed. Johnson, C. J., and McMurray, P. J., concur.
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