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Donaldson v. Anderson11/4/1993
Per Curiam:
FACTS
On August 25, 1990, seventeen-year-old Jeremy Donaldson (“Jeremy”), seventeen-year-old Robert Anderson (“Anderson”), and fifteen-year-old David Cragun left Salt Lake City on an all-night drive to San Francisco. Fearing that they would not be permitted to travel such a long distance alone, the boys told their parents they were going camping in Moab, Utah. They left Salt Lake City at approximately 10:30 p.m. in Anderson's “king cab” Nissan pickup truck. In the early morning hours of August 26, 1990, Anderson lost control of his vehicle on the highway outside Lovelock, Nevada. The truck rolled several times, throwing Jeremy from the cab and killing him almost immediately.
Appellants Wayne and Marilynne Donaldson (“Donaldsons”), filed a wrongful death action against respondent Anderson, for the death of their son Jeremy. The Donaldsons claimed that Anderson fell asleep at the wheel and caused the fatal accident.
The case was tried before a jury in a Washoe County District Court. At trial, the following witnesses described the pain and anguish experienced by the Donaldsons as a result of Jeremy's death: (1) Marilynne Donaldson (mother of decedent); (2) Wayne Donaldson (father); (3) Angela Donaldson (sister); (4) Michelle Donaldson (sister); (5) Harvey Colby (decedent's 4th and 5th grade teacher); and (6) Lynn Potts (6th grade teacher). Testimony from these witnesses established that Jeremy was a good student in adolescence, an active member of his church, a great lover of nature, an Eagle Scout, and an otherwise compassionate and loving son. In addition, the Donaldson witnesses each testified to
[109 Nev. 1039, Page 1041]
the devastating impact that Jeremy's death had upon the family and the individual parents.
On cross-examination it appeared that Jeremy's grades slipped during his last few years of high school. It was also established that Jeremy's father had suffered unrelated bouts of depression before the accident, attributable to business failings. Yet aside from cross-examination responses, Anderson presented no evidence refuting that Jeremy was a loving son whose death devastated his parents.
At the close of trial, the jury returned a verdict in favor of the Donaldsons, distributing fifty percent of the fault for the accident to Anderson and fifty percent to Jeremy. The jury assessed the Donaldsons' damages at $6,395.96. This amount represented the loss to Jeremy's estate, equaling funeral expenditures. After the fifty percent comparative fault reduction, the Donaldsons were left with a $3,197.98 recovery. The jury specifically determined that the Donaldsons were entitled to zero damages for their grief, sorrow, and loss of consortium.
The Donaldsons filed a post-judgment motion for additur, requesting an increase in the jury award from zero to $800,000 ($400,000 per parent). Alternatively, they sought a new trial on the damages issue alone. The district court denied the motion, proclaiming that it did not want to invade the factfinding province of the jury.
On appeal, the Donaldsons claim that the district court abused its discretion, arguing that an award of zero damages for their grief and suffering is shocking and clearly inadequate. We agree and reverse.
DISCUSSION
The trial court is afforded great discretion in deciding motions for additur. Such a decision will remain undisturbed absent an abuse of that discretion. Harris v. Zee, 87 Nev. 309, 486 P.2d 490 (1971) (abuse of discretion standard of review in remittitur).
Yet in spite of this discretion, we have granted additur on appeal. For example, in Drummond
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