Writ application denied.
In this auto accident case, plaintiff claimed injuries to her neck and back. Following a jury trial, defendant was found solely at fault. The jury ultimately awarded plaintiff $50,000 in past medical expenses, but only general damages of $1,000 for physical pain and suffering, past and future. The trial court denied plaintiffs motion for judgment notwithstanding the verdict and motion for a new trial. Plaintiff appealed, and the court of appeal affirmed in a split decision, with Judge Holdridge dissenting. This Court denied writs in a 4-3 decision.
I find the vast discrepancy between the award for pain and suffering and the award for past medical expenses renders this jury verdict inconsistent and irreconcilable to a degree that it requires adjustment. While the jury evidently was not impressed with the plaintiff and questioned her veracity to a certain degree, the jury did award $50,000 in past medical bills. However, discordantly, the jury initially declined to award any damages for physical pain and suffering. Only after the judge instructed the jury that the law requires some award for general damages did the jury return with an award of $1,000 for physical pain and suffering, past and future.
I agree with Judge Holdridges dissent to the extent that the jury verdict is inconsistent. For the jury to award medical expenses in the considerable amount of $50,000, it must have found plaintiff credible to some degree. Otherwise, it would have awarded medical expenses in an amount that would have been consistent and in line with its $1,000 award for physical pain and suffering.
This inconsistency is irreconcilable to such a degree that I find that the jury manifestly erred and abused its discretion in awarding only $1,000 for physical pain and suffering. Therefore, I would grant this writ and adjust the pain and suffering award in line with the jurys award of past medical expenses
Hughes, J., would grant.
Genovese, J., would grant and assigns reasons.
Griffin, J., would grant for reasons assigned by Justice Genovese.