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Littles v. Laine5/7/1999
FROM THE SHELBY COUNTY CIRCUIT COURT THE HONORABLE KAY S. ROBILIO, JUDGE
AFFIRMED IN PART, REVERSED IN PART AND REMANDED
CONCUR:
ALAN E. HIGHERS, JUDGE
HOLLY KIRBY LILLARD, JUDGE
This appeal involves a suit for personal injuries resulting from an automobile accident. Plaintiffs/appellants, Theola J. Littles and the estate of J.T. Littles, appeal the judgments on the jury verdicts that awarded J.T. Littles $760.00 in damages and awarded no damages to plaintiff Theola Littles.
On February 21, 1995, J.T. Littles and his grandson, Theola Littles, were involved in a traffic accident with John Laine (Laine) at the intersection of Summer Avenue and White Station Road in Memphis, Tennessee. At the time, Laine was driving a pickup truck owned by his employer, defendant Union Auto Electric Corporation (Union Auto). Both J.T. and Theola Littles claimed injuries as a result of the accident and sought medical treatment.
The Littles filed suit against Laine and Union Auto for personal injuries alleging common law negligence and violation of numerous city ordinances and state laws on the part of Laine. Defendants admitted liability for the accident but asserted that the plaintiffs had suffered no injuries as a result of the collision. At trial, Theola and J.T. Littles' estate introduced evidence of medical bills in the amount of $3208.00 and $1035.00 respectively. The jury found for both plaintiffs and awarded J.T. Littles' estate $760.00 in damages and awarded Theola Littles no damages.
The plaintiffs' motions for a new trial were denied, and they timely filed an appeal asking this Court to consider the following issues.
"1. Whether the evidence in the instant case preponderates against the jury award of $760.00 for Elmar Penelton, Co-Administratrix of Estate of J.T. Littles in that there was uncontroverted testimony that the Plaintiff was injured, that he had introduced medical expenses of $1035.00 and that there was a course of treatment involving pain and suffering and disability to the body until the time of his death two months and one day after the accident.
"2. Whether the evidence in the instant case preponderates against the jury award of $0.00 for Theola J. Littles in that there was uncontroverted testimony that the Plaintiff was injured, that he had introduced medical expenses of $3,208.42 and that there was a course of treatment involving pain and suffering and disability to the body."
In personal injury cases, the amount of damages is primarily within the sound discretion of the jury. Transports, Inc. v. Perry, 414 S.W.2d 1,5 (Tenn. 1967). The jury is guided by the rule that the injured plaintiff is "entitled to reasonable compensation for bodily injuries, pain and suffering, disability, loss of earnings and expenses." Brown v. Null, 863 S.W.2d 425, 430 (Tenn. App. 1993). Where, as here, a trial Judge has approved a jury's verdict, our standard of review is whether there is any material evidence to support the verdict. T.R.A.P. 13(d). Thus, absent a reversible error of law, we will set aside a judgment on a jury verdict only where the record contains no material evidence to support the verdict. Foster v. Bue, 749 S.W.2d 736, 741 (Tenn. 1988).
We first examine the assertion by J.T. Littles' estate that the jury award of $760.00 was inadequate. As previously stated, defendants admitted liability for the accident, and plaintiffs presented proof of medical expenses incurred. The defendants in turn presented proof that J.T. Littles suffered from arthritis and other maladies prior to the accident. Of course, "there is no mathematical rule or formula for c
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