Alabama Farm Bureau Mut. Cas. Ins. Co., Inc. v. Smelley

• Decision Date: 19 March 1976
• Citation: 329 So.2d 544,295 Ala. 346
• Parties: ALABAMA FARM BUREAU MUTUAL CASUALTY INSURANCE CO., INC. v. Lawrence D. SMELLEY. SC 1358.
• Court: Alabama Supreme Court

Page 544

329 So.2d 544

295 Ala. 346

ALABAMA FARM BUREAU MUTUAL CASUALTY INSURANCE CO., INC. v. Lawrence D. SMELLEY.

SC 1358.

Supreme Court of Alabama.

March 19, 1976.

Bedford & Bedford, Russellville, for appellant.

O'Bannon & Gonce, Florence, for appellee.

JONES, Justice.

This is a suit for damages under uninsured motorist coverage of two insurance policies and an endorsement issued by Alabama Farm Bureau Mutual Casualty Insurance Co., Inc. After pre-trial conference, the parties stipulated that the policies and endorsement provided at least $20,000 uninsured motorist coverage to the plaintiff, Lawrence D. Smelley, an Alabama State Trooper. The question of whether the endorsement provided an additional $10,000 in coverage was submitted to the trial Judge, who ruled that the endorsement did provide an extra $10,000 coverage. Farm Bureau admitted liability and the case was tried to a jury solely on the issue of damages. The jury returned a verdict of $17,500 in favor of the plaintiff.

Farm Bureau appeals, primarily asserting four errors. First, Farm Bureau claims the Judge erroneously found that the endorsement provided an additional $10,000 coverage; therefore, his instructions to the jury that they could return a maximum verdict of $30,000 was error. Second, the trial Judge erroneously refused Farm Bureau's requested instructions that the jury could not award damages for medical bills not paid for by the plaintiff, and the trial Judge allowed into evidence the amount of Smelley's medical bills without proof that Smelley had paid them. Third, Farm Bureau claims that there was no evidence that Smelley suffered permanent injuries, loss of future earnings or loss of future earning capacity; therefore, it was error for the trial Judge to admit mortality tables into evidence and instruct the jury as to those elements of damages. Fourth, the verdict of $17,500 is excessive. We will address these issues in order.

First, for the purpose of this appeal, we assume without deciding that the trial Judge was in error in finding that the endorsement provided an additional $10,000 coverage. We nevertheless hold that the error of instructing the jury that they could return a verdict up to $30,000 was rendered harmless by the jury's returning a verdict of $17,500. ARAP 45 provides:

'No judgment may be reversed or set aside, nor new trial granted in any civil or criminal case on the ground of misdirection of the jury, the giving or refusal or special charges or the improper admission or rejection of evidence, nor for error as to any matter of pleading or procedure, unless in the opinion of the court to which the appeal is taken or application is made, after an examination of the entire cause, it should appear that the error complained of has probably injuriously affected substantial rights of the parties.'

The alleged erroneous instruction only informed the jury that their verdict could not exceed $30,000; it did not indicate to the jury that $30,000 or any other amount was justified by the evidence. Farm Bureau argues that by extending the limits of their liability, the instruction persuaded the jury to return a higher verdict than it would have returned if the maximum liability had been $20,000. However, the maximum limit of recovery is not an element of damages, and we cannot assume, without proof, that the jury disregarded its obligation to reach a verdict based on evidence of damages properly before them. For other cases holding that an erroneous instruction may be rendered harmless by the jury verdict, see W. E. Belcher Lumber Co. v. Woodstock Land & Mineral Co., 245 Ala. 5, 15 So.2d 625 (1943); Hill v. Wyrosdick, 216 Ala. 235, 113 So. 49 (1927).

Farm Bureau's second argument is that the trial Judge erroneously refused its requested instruction that the jury could not award damages for medical bills which were not paid by Smelley. The trial Judge's instruction on this issue, which was taken from Alabama Pattern Jury Instructions, § 11.09, clearly informs the jury that damages for medical expenses are to be allowed only 'for doctor's and medical bills which the plaintiff has paid or has become obligated to pay.' This is a correct statement of the law, and we find no error in the Court's refusing additional instructions. Farm Bureau also objects to the introduction of evidence of the plaintiff's medical bills without any proof that the plaintiff has paid them. Farm Bureau cites Title 36, § 58(69), Code, as evidence that the State of Alabama insured against the hospital and medical expenses of the plaintiff. However, evidence that an insured has been compensated for a loss by an indemnity insurer is not admissible in Alabama notwithstanding the fact that the plaintiff has introduced evidence of the amount of medical expenses Incurred by the plaintiff. Vest v. Gay, 275 Ala. 286, 154 So.2d 297 (1963). Since the parties have stipulated to the reasonableness of the bills, the trial Judge committed no error by admitting...