On February 12, 1990, Vladimir Pene drove the station wagon he was operating for the West Shore Country Club into the rear of Doris Matheny’s Dodge 600 sedan. Math-eny and her pregnant daughter Joan Murray were sitting at a stop sign when Pene rear-ended them; they were both wearing their seat belts. Defendants admitted liability, so Matheny, her husband Edwin, and Murray brought this suit in June of 1991 on the sole issue of damages. A jury awarded Matheny $4,500 for her past and future medical expenses and $1,250 for general damages (including pain and suffering); they awarded daughter Joan $4,000 in general damages (she did not seek medical expenses); and they awarded no damages for husband Edwin’s loss of consortium claim.
Not satisfied with the verdict, the Mathe-nys filed post-trial motions for additur or, in the alternative, a new trial.
It is hard to imagine a situation which calls for a more deferential standard of review than a weight of the evidence claim. It is the exclusive province of the jury, as factfinder, to hear evidence on damages and decide what amount fairly and completely compensates the plaintiffs. A trial court should be loath to substitute its judgment for the jury’s and may do so
Appellate courts lack this vantage point. Review of a cold record acts much like the inverse square law of light propagation — any beacon of injustice will necessarily appear even dimmer to our eyes than it was to the trial court’s. We should therefore be exceptionally hesitant to disregard both a jury verdict and the trial court’s evaluation of the evidence, and order a new trial at plaintiffs’ behest. Indeed, our high court has stated:
When a court grants a new trial on the ground of inadequacy of the verdict an appellate court, in the absence of a gross abuse of discretion, will not interfere. When a trial court refuses to grant relief against an allegedly inadequate verdict an appellate court will exercise even greater caution in reviewing its action.
Black v. Ritchey,
Given this standard, it comes as no shock that we also fail to see injustice shining forth like a beacon in the present case. Since defendants admitted liability, one would have expected this ease to settle if issues of damages were not strongly contested. The record reveals ample testimony which supports the jury’s decision to return a low damage verdict for the plaintiffs.
We cannot accept the Mathenys’ argument that the award of general damages was necessarily too low. The jury must believe that a plaintiff suffers pain before it need compensate for that pain. Boggavarapu v. Ponist,
Nor are we persuaded by the Mathenys’ argument that the award of medical expenses is inconsistent and must be corrected. The Mathenys presented a past medical expense claim of about $2,000, and a claim of about $10,000 for future surgery which might or might not become necessary. The jury awarded $4,500 in past and future medical expenses. The Mathenys reason that the award demonstrates that the jury accepted the future medical expense claim, and therefore should have awarded the entire amount claimed. On the contrary, the award would appear to be a classic compromise verdict— the jury reached a future medical expense award by considering the probability that the future surgery would become necessary.
In sum, the Mathenys argue that the verdict should be reversed because it is too low, even though: all of Doris Matheny’s injuries were subjective, not physically manifest; the degree of these injuries and their etiology were hotly contested; and Doris Matheny’s own admissions to her treating physicians indicated that her pain was minor. We agree
Normally a low verdict alone will not suffice to grant a new trial. Our Supreme Court has held that where the verdict could have been the result of jury compromise, a new trial will not be awarded on the grounds that the verdict was too low. Thus, if there had been conflicting testimony regarding the amount of plaintiffs damages in this case, the painfully low verdict would withstand a motion for a new trial, regardless of how persuasive the judge viewed the plaintiffs witnesses.
Read v. Shu,
Judgment affirmed.
POPOVICH, J., concurs in the result.
Notes
. Joan Murray has not appealed her award.
. Moreover, we note that this area is particularly ill-suited for reasoning by analogy. Every accident victim suffers unique injuries and responds differently to them. Also, a jury may be influenced by the way a case is presented. As our high court recently noted, "Indeed, too loud a cry of pain, on small occasion, may dilute belief even in the occasion itself. Jurors may perceive interests beyond momentary pain: interests of opportunity that to the jurors' minds become oppressive even for an obvious tortfeasor." Boggavarapu, supra,
