379 P.3d 1011
Ariz. Ct. App.2016Background
- On December 5, 2007, the Ahmads' son was killed when a fleeing suspect, pursued by multiple law-enforcement agencies, crossed the center line and struck the Ahmads’ son's car.
- Plaintiffs sued the State of Arizona for wrongful death, alleging DPS negligence in pursuing the suspect and in dispatcher communication; the State argued the suspect intentionally caused the collision.
- The jury returned a verdict for the plaintiffs awarding $30 million in damages and found the State 5% at fault.
- The State moved for a new trial on damages or remittitur as excessive; the trial court reduced the award to $10 million (remittitur) and alternatively granted a conditional new trial on damages only.
- The trial court offered no specific findings explaining why $30 million was excessive or how it arrived at $10 million; the Ahmads appealed the remittitur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly ordered remittitur of a wrongful-death jury award | Remittitur improper because A.R.S. § 12-613 vests broad discretion in the jury to award what it deems "fair and just," and the court made no specific findings showing the verdict was unsupported | Remittitur proper because the $30M award was excessive, possibly influenced by improper appeals to punitive considerations and out of line with comparable verdicts | Reversed: remittitur improper where court made no concrete findings that no reasonable jury could have reached the verdict; great deference due to statutory grant to juries in wrongful-death cases |
| Whether non-economic wrongful-death damages must be tied to economic loss or future support | Ahmads: statute permits recovery for non-economic harms (loss of love, companionship, anguish) without proof of economic loss | State: large award unjustified because plaintiffs' harms were only emotional and lacked demonstrable economic or exceptional injury | Court: statute does not require economic damages; non-economic losses are compensable and may justify large awards |
| Whether comparative verdict surveys justify remittitur | Implicitly: surveys not controlling; each case is unique | State: compared other verdicts to show the award was disproportionate and thus excessive | Court: verdict comparisons are an unreliable basis and conflict with §12-613's grant of discretion to juries; statistical comparisons insufficient absent other defects |
| Whether trial court may reweigh evidence to set a "reasonable" damages ceiling | Ahmads: trial court may not reweigh evidence or substitute its judgment for the jury absent passion, prejudice, or lack of evidentiary support | State: trial court entitled to exercise discretion to prevent excessive verdicts | Held: court cannot simply replace jury judgment with its own unarticulated notion of reasonableness; remittitur requires specific, cogent reasons (e.g., lack of evidentiary support or jury misapplication of law) |
Key Cases Cited
- Larriva v. Widmer, 101 Ariz. 1 (recognizes damages awards are peculiarly within jury province)
- Hutcherson v. City of Phoenix, 192 Ariz. 51 (verdict size alone does not prove passion or prejudice)
- Stallcup v. Rathbun, 76 Ariz. 63 (standard for shocking or flagrantly outrageous awards)
- In re Estate of Hanscome, 227 Ariz. 158 (remedy for passion/prejudice is new trial; remittitur limited)
- Mammo v. State, 138 Ariz. 528 (trial court has discretion on remittitur but with deference)
- Young Candy & Tobacco Co. v. Montoya, 91 Ariz. 363 (remittitur permitted only for most cogent reasons)
- Desert Palm Surgical Group, P.L.C. v. Petta, 236 Ariz. 568 (verdict comparisons can support remittitur when damages lack evidentiary support)
- Vasquez v. State, 220 Ariz. 304 (statutory list of non-economic damages recoverable in wrongful-death actions)
- Standard Oil Co. of California v. Shields, 58 Ariz. 239 (discussed historical verdict comparisons; not a wrongful-death case)
- Wry v. Dial, 18 Ariz.App. 503 (cautions against over-reliance on verdict comparisons)