676 So. 2d 933 | Ala. Civ. App. | 1995
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *935
This is an appeal from a judgment based on a jury verdict in a medical malpractice action in favor of the plaintiff K.P. in the amount of $1.00 and against K.P.'s wife, the plaintiff N.P.
K.P., the husband, filed a medical malpractice action against Josiah F. Reed, Montgomery Urology Associates, and various other medical care providers in March 1988, alleging that he had sustained serious and permanent injuries to his penis after undergoing surgery to remove a condition known as Peyronie's plaque. He claimed as damages permanent injury, physical disfigurement, physical pain and suffering, and mental anguish. N.P., the wife, made a companion claim for loss of consortium. The trial court entered summary judgment as to the various other defendants, and the case proceeded against the doctor. The trial court dismissed the case for want of prosecution in April 1992; the Alabama Supreme Court overturned the dismissal in K.P. v. Reed,
The husband and wife raise three issues on appeal. The husband contends that the jury verdict in his favor is inadequate and inconsistent. The wife contends that the jury verdict against her is inconsistent with the jury verdict in favor of her husband. She also contends that the trial court erred in excluding certain statements by one of the treating physicians.
A brief summary of the facts is as follows. In 1985, the husband was referred to Dr. Reed, a urologist, for treatment of Peyronie's disease, a condition in which a plaque forms underneath the outer surface of the penis. The disease often causes severe pain and curvature of the penis, which can interfere with sexual function. In March 1986, Dr. Reed performed surgery to remove the plaque. In the weeks following surgery, substantial portions of the husband's penis turned black and fell off. The husband was then required to undergo painful debriding and skin grafting procedures and, eventually, partially successful reconstructive surgery. In 1989, the husband opted to have a prosthesis inserted in order to regain some sexual function. His body rejected the prosthesis *936 and, consequently, most of the progress he had made thus far was lost. In March 1993, the husband developed prostate cancer and his prostate was subsequently removed.
Next we address whether the verdict was inadequate. We recognize that a jury verdict is presumed to be correct.Kinard v. Davis,
Id. at 158 (citation omitted). The assessment of damages is largely within the discretion of the jury. See Jones v. Butts,"Furthermore, when a motion for new trial is based on inadequacy of damages, the questions to be considered are 'whether the verdict is so opposed to the clear and convincing weight of the evidence as to clearly fail to do substantial justice, and [whether it fails] to give substantial damages for substantial injuries.' "
However, "[it] is the duty of the trial court to grant a new trial for inadequate damages where, after making all allowances, the verdict is clearly unjust." Denton v. FoleyAthletic Club, supra, at 1319. A line of cases has evolved that holds that "[w]here liability is established, the assessment of damages must include an amount at least as high as the uncontradicted special damages, as well as [a] reasonable amount as compensation for pain and suffering." Jones v. Butts,
In Kinard v. Davis,
However, to determine when this court can set aside a judgment for inadequacy of damages where there was no claim for special damages, we must first go back to a 1914 Alabama Supreme Court case, Montgomery Light Traction Co. v. King,
This rule of law has evolved over the years, through cases where there were claims for both special damages and pain, suffering, and permanent physical injuries. It was set out as the basic law for considering claims of excessive or inadequate damages in King v. Sturgis,
" 'In Montgomery Light Traction Co. v. King,
187 Ala. 619 ,65 So. 998 , L.R.A. 1915F, 491 Ann.Cas. 1916B, 449, a case of personal injury, involving damages not measurable by any legal standard, and the question for review was inadequacy of the damages awarded, this court, after quoting and approving the opinion in Mosely [Moseley] v. Jamison,68 Miss. 336 ,8 So. 744 ,745 , declared: "In a case like this, the trial court is by the law — which protects and provides for trials by jury — invested with no right to set aside such a verdict upon the ground of excessiveness or inadequacy alone unless the amount allowed by the verdict is so excessive or inadequate as to plainly indicate that the verdict was produced 'by passion or prejudice or improper motive.' " ' "
In King, the court used Montgomery Light Traction Co. as a basis and held that the standard was whether the verdict failed to give substantial compensation for substantial injuries. In so holding, it cited Alabama Great Southern R.R. v. Randle,
We find that, in cases such as this one, where there is a claim for permanent injuries, disfigurement, and/or pain and suffering, but no claim for special damages, and there is an appeal based on an alleged inadequacy of the verdict, the standard we must apply is whether the verdict provided substantial compensation for substantial proven injuries. Here, it was undisputed that the husband suffered severe and permanent injuries, disfigurement, and substantial pain and suffering. His failure to make a claim for special damages, such as medical payments, should not prevent his recovery of substantial compensation. Once the jury found Dr. Reed liable, it was duty bound to award substantial compensation for the husband's injuries. We cannot say that an award of $1.00 was adequate compensation for the husband's injuries.
Dr. Reed argues that the award of $1.00 in damages was not error because, he says, the jury could have found that the husband's extensive damages were not proximately caused by any alleged negligence on the part of the doctor. In support of this argument he cites a fraud case, Courtesy Ford Sales, Inc.v. Hendrix,
"Consortium is defined as 'conjugal fellowship of husband and wife, and the right of each other to the company, society, cooperation, affection, and aid of the other in every conjugal relation.' " Hinson v. King,
The evidence showed that, for at least several months before the surgery was performed, the husband had been experiencing severe pain and curvature of the penis. Additionally, evidence showed that, without the surgery, this pain and curvature could have eventually gone away or could have continued indefinitely. Therefore, the jury could have found that the husband's physical and emotional problems after the surgery did not necessarily cause a loss of consortium. Considering all of the evidence presented to the trial court, we cannot say that the jury's verdict against the wife on her claim for loss of consortium was inconsistent with the verdict in favor of her husband.
The wife first contends that this testimony should have been admitted, because, she says, it provides additional evidence of liability on the part of Dr. Reed, which might have resulted in a verdict in her favor. "To establish a physician's negligence, the plaintiff ordinarily must proffer expert medical testimony as to what is or is not the proper practice, treatment, or procedure." Complete Family Care v. Sprinkle,
The wife next argues that Dr. Davis's testimony should have been admitted as an admission of a party-opponent. We disagree. We do not agree that statements by one partner of what he personally would have done differently under certain circumstances constitute an "admission" that what his partner did was medical malpractice.
We find that the trial court did not err in excluding Dr. Davis's statements. We affirm the trial court's judgment in favor of Dr. Reed on the wife's claim for loss of consortium.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED WITH INSTRUCTIONS.
ROBERTSON, P.J., and THIGPEN, YATES, and CRAWLEY, JJ., concur.