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Young v. Frase11/26/1997
Upon appeal from Superior Court. Affirmed.
In this appeal we affirm the decision of the Superior Court denying a plaintiff's post-verdict motion for additur or, alternatively, a new trial as to damages. We hold that the reasoned consideration by the Superior Court of the adequacy of the jury award was within the discretion of the Superior Court based on evidence presented at trial. We find no basis to disturb the finding of the Superior Court that the amount of the award was not so inadequate as to shock the conscience of the court. In deferring to the Superior Court's determination, we limit our review to the question of whether or not the Superior Court's determination is beyond the range of reasonableness or constitutes an abuse of discretion. Accordingly, we do not substitute our judgment for that of the trial Judge, who presided at the trial and heard the evidence.
Facts
This appeal was brought by the executrix of Jeffrey Young, who died as a result of causes unrelated to the injury at issue in this case. Young was injured on April 6, 1993, while employed by Food Lion, Inc. The injury occurred while Young was gathering shopping carts in the parking lot of one of Food Lion's stores. A vehicle hit the carts, causing Young to fall and fracture the ball portion of his right shoulder. In the emergency room, Young was given pain medication and released the same day with a sling. Young continued to take prescription pain medication for three months after the accident. The fracture did not require surgery or a cast. Young received physical therapy until August 1993, and his last visit to a physician for his injury occurred in January 1994.
Young filed suit for personal injury against both Simco Sales Service of Pennsylvania, Inc. as the owner of the vehicle and Leroy Frase, Sr. as its driver. Before trial, the parties filed memoranda with the Superior Court concerning the admissibility of Young's special damages included in a worker's compensation lien assessed against Young for $12,794.21. The defendants subsequently informed the trial Judge that he need not decide whether the workman's compensation lien was admissible because the defendants had agreed to pay the lien amount.
Accordingly, the case proceeded to trial without evidence of special damages. The jury heard testimony from Young and two expert witnesses concerning the long-term effects of Young's injury . Young testified that he suffered a great deal of pain during therapy and was still experiencing some discomfort in his shoulder at the time of trial. His expert witness, Dr. Harry Freedman, testified that Young's fracture had healed in a stable manner but had caused a permanent limitation in the range of motion in Young's shoulder. According to the defense witness, Dr. David Sopa, Young's shoulder had healed well enough to allow Young to carry out normal daily functions without pain. The only activities foreclosed to Young due to his injury involved overhead work and the control of heavy equipment such as a power saw. Dr. Sopa testified that Young was fit to return to work in January 1994. Young eventually did return in the Spring of 1994, although he was not working at the time of trial.
The jury found that Young was 50 % liable for his own injury and that the defendants were 50% liable. The total award of damages was $5,000. Claiming that the award was inadequate as a matter of law, Young moved for additur or, alternatively, for new trial as to damages. In support of his claim that the jury's award was grossly inadequate, Young cited, among other things, the fact that he had refused the defendants' offer of settlement for $75,000 and the fact that he had a special damages claim i
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