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Estate of Long v. Broadlawns Medical Center12/18/2002
ed and accumulated as a result of his or her efforts between the time of death and the end of his or her natural life had he or she lived. Iowa-Des Moines Nat'l Bank v. Schwerman Trucking Co., 288 N.W.2d 198, 201 (Iowa 1980); see also State v. Mayberry, 415 N.W.2d 644, 645 (Iowa 1987).
Broadlawns believes that the Estate's expert improperly determined "the present worth or value of the estate" based solely on Jillene's earnings or wage loss, a practice this court condemns. See Booth v. Gen. Mills, 243 Iowa 206, 211, 49 N.W.2d 561, 563 (1951). However, we do not believe this practice was invoked in this case. A close reading of the expert's testimony indicates his conclusions were based on calculations that went beyond Jillene's earnings or wage loss:
Q. Okay. Now earlier we talked about adjustments that needed to be made for taxes, consumption and the like. We all pay taxes, we all spend, we all spend on ourselves. After computing and deducting all of those adjustments, what have you computed would be the present value of the total future loss to Jill Long's estate as a result of her death? A. The total future loss would be 444,909-scratch that $910. 4449-I am still-saying $444,910.
Based on this testimony, the district court was correct in determining that this issue was properly submitted to the jury.
C. Punitive Damages.
Punitive damages may be awarded when it is proven "by a preponderance of clear, convincing, and satisfactory evidence" that "a party act with actual or legal malice" toward another party. Iowa Code ยง 668A.1 (1997); Schultz v. Security Nat. Bank, 583 N.W.2d 886, 888 (Iowa 1998) (citation omitted). "Actual malice is shown by such things as personal spite, hatred, or ill will." Schultz, 583 N.W.2d at 888. Legal malice, on the other hand, "is established by showing wrongful conduct committed with a willful or reckless disregard for the rights of another." Id.; see also Beeman v. Manville Corp. Asbestos Disease Comp. Fund, 496 N.W.2d 247, 255 (Iowa 1993).
The jury awarded the Estate $1,000,000 in punitive damages based on its conclusion that the conduct of Dr. Shin constituted willful and wanton disregard for Jillene's rights or safety. This damages award was challenged by Broadlawns' motion for judgment notwithstanding the verdict. The district court concluded, even viewing "the evidence in a light most favorable to [the Estate,] . . . Plaintiff failed to present any evidence [proving] willful or wanton conduct" thus necessitating the court's conclusion that "the jury improperly imposed punitive damages." The Estate appeals from this portion of the district court's ruling on the motion for judgment notwithstanding the verdict, arguing that it presented substantial evidence that Dr. Shin acted willfully and wantonly in relation to Jillene.
After a close examination of the record, we agree with the determination of the district court on this count. When viewing the evidence in a light most favorable to the Estate, there appears to be evidence in the record that someone was negligent in failing to carry out a promise made to Jillene to warn of Gerald's discharge. However, the Estate's case is based largely on an allegation of a single negligent act: failing to promptly notify Jillene. There is scant evidence that Dr. Shin's actions amounted to a "persistent course of conduct" showing no care and "disregard for the consequences" or, alternatively, "personal spite, hatred, or ill will" toward Jillene. Beeman, 496 N.W.2d at 255; Schultz, 583 N.W.2d at 888. Thus, punitive damages were not warranted under the facts of this case and the district court was correct in so concluding.
III. Broadlawns' Motio
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