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Flores v. Baca2/23/1994
or the breach is of such a kind that serious emotional disturbance was a particularly likely result." See also ) (holding emotional distress for breach of contract not recoverable unless injury meets requirements of Section 353 or is proven to be within the contemplation of the parties).
Maria presented evidence of long-term, severe distress associated with the condition of her husband's body and her feelings that his body was disgraced and dishonored. Given the two successive verdicts of $500,000 and $100,000, the damages for emotional distress could hardly be considered as resting upon mild emotions. Therefore, although error was committed by failure to instruct that damages could be awarded only for severe distress, it is not inconsistent with substantial Justice for this Court to disregard any error in the damage instruction. See SCRA 1986, 1-061 (Repl. Pamp. 1991) (harmless error doctrine).
Conclusion. We reverse the judgment dismissing the breach of contract claims of the Flores children and remand for trial on the merits. We affirm the award of compensatory damages to Maria Flores and reverse the directed verdict in favor of Baca on the issue of punitive damages. Maria is entitled to a trial on the issue of punitive damages. However, Maria's compensatory damages are res judicata. If, for judicial economy, Maria's entitlement to punitive damages is tried
with the claims of the children, the court will be faced, on the one hand, with the need to instruct the jury that "the amount [of punitive damages] awarded, if any, must be reasonably related to the . . . [$100,000] damages given as compensation . . . ." See SCRA 1986, 13-1827 (Repl. Pamp. 1991) (punitive damages instruction). On the other hand, the court must avoid prejudice to Baca that may arise from the fact of the compensatory award to Maria. See Sanchez v. Dale Bellamah Homes of New Mexico, Inc., 76 N.M. 526, 531, 417 P.2d 25, 29 (1966) (new trial limited to single issue of punitive damages only appropriate if parties not prejudiced). We are confident that the court with the aid of counsel, will be able to fairly balance the interests that are thus in tension.
IT IS SO ORDERED.
RICHARD E. RANSOM, Justice
WE CONCUR:
JOSEPH F. BACA, Justice
GENE E. FRANCHINI, Justice
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