6 N.W.3d 623
N.D.2024Background
- In June 2015, Jordan Morsette admitted liability after a head-on collision where two passengers, Taylor Goven and Abby Renschler, died and Shayna Monson was seriously injured.
- Plaintiffs (the estates and family members of the deceased and Monson) sued Morsette for compensatory noneconomic damages in a North Dakota state court.
- A 2019 jury trial awarded $242 million in noneconomic and $895 million in punitive damages. The North Dakota Supreme Court reversed, ordering a new trial for compensatory damages after finding improper admission of intoxication evidence and misapplication of damages law.
- On remand, a new jury awarded $175 million in noneconomic damages; Morsette moved for a new trial, arguing improper alcohol references, excessive damages, and jury speculation.
- The trial court denied the motion. On appeal, the Supreme Court reversed and remanded for further proceedings, finding the damages award unsupported by record evidence and the district court's failure to explain its rationale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper references to alcohol | No prejudice or influence on damages, no error | Alcohol references violated prior court ruling and prejudiced jury | References were not prejudicial; no new trial denied |
| Excessive damages | Damages supported by evidence; large but justified | Award is shocking, unsupported, result of passion/prejudice | Award unsupported by evidence; reversal required |
| Jury speculation | Jury properly instructed; verdict within jury's discretion | Jury speculated due to unclear damages claimed, causing improper award | Jury improperly speculated; reversal required |
| Insufficient trial court analysis | Sufficient explanation provided on damages | No meaningful analysis of evidence supporting damages | Abuse of discretion for lack of explanation |
Key Cases Cited
- Zander v. Morsette, 2021 ND 84 (N.D. 2021) (previous appeal establishing exclusion of intoxication evidence in damages trial when liability is admitted)
- Slaubaugh v. Slaubaugh, 466 N.W.2d 573 (N.D. 1991) (standard for reviewing excessiveness of jury awards for noneconomic damages)
- Smith v. Anderson, 451 N.W.2d 108 (N.D. 1990) (criteria for excessive verdict influenced by passion or prejudice)
- Miller v. Breidenbach, 520 N.W.2d 869 (N.D. 1994) (emphasizing damages review must focus on trial record evidence)
- Blessum v. Shelver, 567 N.W.2d 844 (N.D. 1997) (jury generally presumed to follow cautionary instructions from court)
- Stoner v. Nash Finch, Inc., 446 N.W.2d 747 (N.D. 1989) (jury's discretion in noneconomic damages is subject to evidentiary support)