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Hawley v. Cash12/31/2002
he sound discretion of the trial court.
11. The Court finds that there was sufficient and admissible evidence for this jury to award the $2.5 million in damages for the personal injuries suffered by Plaintiff.
12. The Court finds that there is nothing in the record to indicate that the jury disregarded the Court's instructions or that the award for personal injury damages was excessive. And the Court does find that there was sufficient evidence to justify the verdict and that the verdict was not contrary to law.
13. The Court finds that this trial court is not empowered to change a jury's verdict, however the Court has sound discretion to either order a new trial or deny a motion for new trial.
14. The Court in recalling the actual trial of this matter and the evidence presented, finds as a fact that there is nothing to indicate that the jury disregarded the instructions of the Court. That this Court specifically told the jury they were not to award any damages based on pity or sympathy. The Court does find that there was evidence presented to this jury to justify the verdict that the jury gave, and there is nothing in the evidence, or the record of this trial, to show that the jury acted under passion or prejudice.
Absent an obvious "substantial miscarriage of justice," this Court cannot overturn a trial court's denial of a motion for new trial. Whaley at 92, 548 S.E.2d at 180 (citation omitted). From our review of the record, we find no abuse of discretion in the trial court's ruling on defendants' motion for new trial. We affirm.
Finally, plaintiff appealed the trial court's granting of defendants' motion for partial summary judgment on plaintiff's punitive damages claim. Plaintiff's appeal is based on defendants' alleged spoliation of documents that plaintiff could have utilized in establishing a claim for punitive damages.
In reviewing a trial court's ruling on a motion for summary judgment, we must determine whether: "(1) the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact; and (2) the moving party is entitled to judgment as a matter of law." Adams v. Jefferson-Pilot Life Ins. Co., ___ N.C. App. ___, ___, 558 S.E.2d 504, 506-7, disc. rev. denied, 356 N.C. 159, 568 S.E.2d 186 (2002) (quoting Von Viczay v. Thoms, 140 N.C. App. 737, 738, 538 S.E.2d 629, 630 (2000), aff'd, 353 N.C. 445, 545 S.E.2d 210 (2001) (citations omitted)). Based on a careful review of the record, we conclude that the trial court did not err in its ruling to grant defendants' summary judgment motion. Plaintiff did not forecast any evidence that would have supported a punitive damages claim. Further, plaintiff points to nothing that might be contained in the discovery material he claims was inappropriately destroyed which would support such a claim. We conclude that defendants were entitled to judgment as a matter of law as to this issue and the trial court correctly granted defendants' motion for partial summary judgment.
Affirmed.
Judges TIMMONS-GOODSON and HUDSON concur.
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