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Washburn v. Beatt Equipment Co.11/25/1992
standard of review rather than the standard of the state whose law was otherwise applied. If federal cases were relevant we would note Dabney v. Montgomery Ward & Co., 761 F.2d 494, 501 (8th Cir.), cert. denied, 474 U.S. 904, 88 L. Ed. 2d 232, 106 S. Ct. 233
(1985) where the court affirmed a $2 million award which was twice the verdict in the first trial. The court noted "'we must expect substantial disparities among juries as to what constitutes adequate compensation for certain types of pain and suffering.'" Dabney, at 501 (quoting Vanskike v. Union P. R.R., 725 F.2d 1146, 1150 (8th Cir. 1984)).
Defendant then asks us to compare this award to those made in 10 other cases. Nine of the cases are unreported trial court verdicts, seven in superior courts and two in federal district court. We reject defendant's invitation. First, it is not proper to cite unreported trial court verdicts; they are without relevance in the appellate process. Even if we were inclined to make such comparison, there is no basis for comparison. There is no record of the proceedings in those cases. There are no briefs. All that defendant provides is a few summary lines describing injuries, apparently from an unofficial publication, Jury Verdicts Northwest. Brief of Appellant, at 63. A valid comparison is impossible.
Second, we reject defendant's underlying premises in urging such comparison. Defendant argues that these damages are grossly excessive because since 1987 "general damage awards in excess of $1 million have almost exclusively been awarded to infants or young adults who suffer catastrophic injuries so terrible that their ability to function in this world will be severely and permanently compromised." (Footnote omitted.) Brief of Appellant, at 63. This theory is inimical to the foundation of particularized justice.
Defendant would consign damages for personal injuries to the cold world of accounting balance sheets. In effect, defendant argues that a verdict can never exceed what has historically been awarded for what defendant conceives to be comparable injuries -- so much for a particular injury and no more, ever. That notion is repugnant to a fundamental principle so well stated by Justice Hale in James v. Robeck, 79 Wash. 2d 864, 869, 490 P.2d 878 (1971).
To the jury is consigned under the constitution the ultimate power to weigh the evidence and determine the facts -- and the amount of damages in a particular case is an ultimate fact. This court has, we think, consistently followed this principle.
Defendant cites no authority for the validity of a comparison of verdicts as the appellate standard to evaluate a claim of excessiveness. However, there is a considerable body of law which rejects such a comparison. We find it persuasive.
Finally, [defendant] spends considerable time arguing that the award is excessive because it is large, or, as [defendant] puts it, "precedent shattering." . . . The . . . rejects this argument.
"The vast variety of and disparity between awards in other cases demonstrates that injuries can seldom be measured on the same scale. . . . For a reviewing court to upset a jury's factual determination [of damages] on the basis of what other juries awarded to other plaintiffs for other injuries in other cases based upon different evidence would constitute a serious invasion into the realm of factfinding. [Citations.]" (Bertero v. National General Corp., supra, 13 Cal.3d at p. 65, fn. 12 [529 P.2d 608, 118 Cal. Rptr. 184, 65 A.L.R.3d 878 (1974)]; Rodriguez v. McDonnell Douglas Corp. (1978) 87 Cal.App.3d 626, 654-655 [151 Cal.Rptr. 399].)
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Washington Personal Injury Attorneys
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