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District of Columbia v. Jackson11/14/2002
to Ms. Leftwich, he washed and braided her hair, helped her with homework, went on school field trips, took her to school and picked her up from school. According to Plaintiff Felicia Jackson (the decedent's sister), Ms. Leftwich had a "beautiful" relationship with her father, who, with his mother, Mary Haley, had helped to raise her.
On these facts, the judge concluded that the verdict of $2,149,998 in compensatory damages "clearly exceeds the 'maximum limit of a reasonable range' justified by the evidence" (quoting Finkelstein, 593 A.2d at 596).
" esolving in favor of that [conclusion] any doubt [this court] might have on whether 'the quantum of damages was clearly within the maximum limit' of reasonableness," Lawson, 745 A.2d at 331 (citation omitted), we find no abuse of discretion by the judge. As she went on to explain, "the award of compensatory damages totaling $2,149,998 is out of proportion to decedent's very brief (but real) pain and suffering and the loss of services and care, education, training, guidance and parental advice this particular decedent, based on the record, could have been expected to give Ms. Leftwich for five years until she turned eighteen." The plaintiff presented no evidence of lost future earnings by Hicks or of medical or funeral expenses or other special damages; and, as the judge pointed out, there was no evidence that the daughter had lived with him or received any financial support from him. Thus, beyond the limited proof of services, care, guidance and training Hicks had given her, the only damages supported by the evidence were his pain and suffering during the period of up to eight seconds before he lost consciousness. In these circumstances, the judge was within her proper bounds in concluding that the jury's calculation of damages "resulted from passion, prejudice, mistake, oversight, or consideration of improper elements," Finkelstein, 593 A.2d at 596 (quoting Louison v. Crockett, 546 A.2d 400, 403 (D.C. 1988)), and so required either a new trial on damages or a remittitur.
V.
For the reasons stated, we uphold the verdict on assault and battery and the award of compensatory damages as remitted, and reverse the award of punitive damages.
So ordered.
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