Barnett v. Eagle Helicopters, Inc.

• Decision Date: 25 February 1993
• Docket Number: No. 19526,19526
• Parties: Raymond E. BARNETT and Joyce Barnett, husband and wife, Plaintiffs-Respondents, v. EAGLE HELICOPTERS, INC., Defendant-Appellant. Lewiston, October 1992 Term
• Court: Idaho Supreme Court

Page 419

848 P.2d 419

123 Idaho 361

Raymond E. BARNETT and Joyce Barnett, husband and wife, Plaintiffs-Respondents, v. EAGLE HELICOPTERS, INC., Defendant-Appellant.

No. 19526.

Supreme Court of Idaho,

Lewiston, October 1992 Term.

Feb. 25, 1993.

Clements, Brown & McNichols, Lewiston, for appellant. Dean Wullenwaber argued.

Rapaich, Knutson & Chapman, Lewiston, for respondents. Scott M. Chapman argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for amicus curiae. John W. Barrett argued.

McDEVITT, Chief Judge.

STATEMENT OF THE CASE

In 1986, the Bonneville Power Administration ("BPA") contracted with JOB Line, Inc. ("JOB") to erect a portion of the Taft-Bell 500 kilovolt ("kv") transmission line in North Idaho. The BPA contract required JOB to string high voltage transmission line between towers. This job compelled the use of a helicopter to pull the line as it unwound from a drum in a "triple-drum machine" through a guard structure on top of each tower. Once the line was properly strung, the operator of the triple-drum machine would then pull the line tight across several miles of towers.

Plaintiff Raymond Barnett ("Barnett") worked the triple-drum machine for JOB. Defendant Eagle Helicopters, Inc. ("Eagle") subcontracted a portion of the helicopter work from JOB. On the dawn of August 14, 1986, as the Eagle pilot threaded the transmission towers across Burke Canyon, the line became entangled in a heavy growth of trees lining the power strip. The pilot pulled the line loose causing it to sway and jump from the protective guard atop one of the towers. Although he was told to "hold the pull" which meant either to keep going forward or at least to maintain position, the pilot slacked off causing the line to droop onto a live 115 kv transmission line already in place. Current traveled down the drooping line and electrified the three-drum puller and Barnett who was perched atop the puller.

As a result of the electrocution, Barnett suffered burns on his ears, fingers, and buttocks. In addition, he appears to have permanent hearing, sight, and memory loss, chronic muscle and joint pain, neurological and psychological disorder, and depression. He is unable to work and requires weekly physical and psycho-therapy. Barnett and his wife sued Eagle and R.W. Beck and Associates under general negligence principles, alleging damages for medical expenses, lost wages, pain and suffering, and loss of consortium in excess of $1,000,000.00. Plaintiff's employer, JOB, enjoyed exemption from the action based on a worker's compensation agreement. Eagle attempted to implead the BPA, however, it was forced to dismiss BPA on the grounds that, as a United States government agency, the BPA could not be sued in state court. Shortly before trial, Beck, who had contracted to provide safety inspections on the job, settled with plaintiff Upon defendant Eagle's motion to reduce the verdict by the amount paid and payable in worker's compensation benefits by plaintiff's employer, the trial court reduced the verdict for the amount paid, but refused to do so for future amounts payable. Instead, the trial court ordered that plaintiff should reimburse Eagle when actually paid the benefits, up to the total sum of liability attributable to JOB. As of the date of judgment, JOB's insurer has paid $142,221.00 in worker's compensation benefits to or on behalf of Barnett. The stipulated estimated total of Barnett's past and future worker's compensation benefits is $297,720.00. Upon Eagle's motion for a new trial on the issue of excessive compensation for loss of consortium, the trial court found that, although the amount awarded was more than the court would have bestowed, the fiscal gap was not great enough to merit a new trial according to I.R.C.P. 59(a). Eagle has paid $578,175.50 on the principal balance of the judgment. Eagle has deferred payment on the remaining amount owing pending this appeal on two issues only:

[123 Idaho 363] for $20,000.00, thus leaving Eagle as the sole defendant. After twelve days of trial the jury returned a verdict finding Eagle 40% negligent, the BPA and JOB each 30% negligent, and Barnett blameless. Barnett's damages were assessed at $843,040.00, and Mrs. Barnett was awarded $256,960.00 for loss of consortium. Because joint and several liability had not yet been legislatively erased at the time the injury to plaintiff occurred, Eagle was ordered to pay the entire sum.

I. Whether the trial court improperly refused to reduce the verdict to reflect the present value of worker's compensation benefits due respondent up to the amount of his employer's liability.

II. Whether the trial court improperly refused to grant appellant's motion for a new trial on the issue of loss of consortium.

STANDARD OF REVIEW

The decision by a trial court to grant or deny a motion for a new trial rests within the sound discretion of the trial court and will not be disturbed on appeal absent a showing of a clear and manifest abuse of discretion. Moses v. Idaho State Tax Comm'n, 118 Idaho 676, 677, 799 P.2d 964, 965 (1990). On the other hand, the trial court's conclusion to partially reduce the jury verdict was a legal determination based on case law interpretation to which this court owes no deference. Schneider v. Farmers Merchant, 106 Idaho 241, 243, 678 P.2d 33, 35 (1983).

I. THE ROLE OF FUTURE DUE WORKER'S COMPENSATION BENEFITS

Idaho statutes set up a scheme whereby an injured employee may hold a third party liable in tort for damages. I.C. § 72-223. ¹ An employer who has paid compensation to the employee for the injury is subrogated to the rights of the employee to recover the amount paid from a third party. I.C. § 72-223(3). However, this Court has limited this right to subrogate in cases where the employer also has been determined to be negligent. Liberty Mutual Ins. Co. v. Adams, 91 Idaho 151, 155, 417 P.2d 417, 421 (1966); Schneider v. Farmers Merchant, 106 Idaho 241, 244, 678 P.2d 33, 36 (1983). Idaho case law has "established a system of apportioning the employee's damages between the employer and third party" based on I.C. § 72-223 where both the employer and third party are adjudged negligent. Schneider v. Farmers Merchant, 106 Idaho 241, 243, 678 P.2d 33, 35 (1983). See Runcorn v. Shearer Lumber Prods., 107 Idaho 389, 690 P.2d 324 (1984); Schneider v. Farmers Merchant, 106 Idaho 241, 678 P.2d 33 (1983); Tucker v. Union Oil Co. of California Eagle argues that this verdict should be reduced further to reflect JOB's total liability represented by past paid and future due compensation benefits. However, the foregoing legal precedent does not permit a trial court to reduce a verdict to reflect future due compensation benefits, but only addresses discounts qualified by past paid benefits. Indeed, Runcorn states unequivocally that:

                [123 Idaho 364] , 100 Idaho 590, 603 P.2d 156 (1979);  Liberty Mut. Ins. Co. v. Adams, 91 Idaho 151, 417 P.2d 417 (1966).  According to these cases, any verdict in an action by an employee against a third party must be reduced by the amount of the worker's compensation benefits paid to the employee.   Runcorn, 107 Idaho at 395-96, 690 P.2d at 329;  Schneider v. Farmers Merchant, 106 Idaho at 245, 678 P.2d at 37;  Tucker v. Union Oil Co. of California, 100 Idaho at 604, 603 P.2d at 169;  Liberty Mut. Ins. Co. v. Adams, 91 Idaho at 157, 417 P.2d at 423.   This sound legal scheme satisfies several public policy interests including balancing the competing interests of a sheltered employer and an overburdened third party, ensuring against double recovery by an injured victim, preventing an employer and insurer from profiting by its own wrong, and protecting the third party's right of contribution for the comparative negligence of others.  Runcorn, 107 Idaho at 396, 690 P.2d at 331.   Therefore, we hold that the trial court correctly offset the verdict to reflect compensation benefits paid by JOB to Barnett
                

A special verdict form allows the jury to assign the appropriate percentage of liability to the employer in addition to the injured party and the third party. The third party is then allowed a reduction in damages by the percentage of liability attributed to the employer not to exceed the amount of workman's compensation benefits paid.

Runcorn, 107 Idaho at 396, 690 P.2d at 328. (Emphasis added.) The trial court draws a legally correct distinction between paid and future due benefits, and reasonably resolves respondent's potential windfall by constraining respondent essentially to repay Eagle as future benefits are received up to the amount of JOB's liability. This solution does not result in double recovery by respondent, because respondent will simply be a conduit through which contribution will flow from JOB to Eagle, as such right to contribution accrues. Appellant's argument is seductive in its simplicity and administrative facility. However, there is no way of ascertaining exactly how much plaintiff will receive in the future as his entitlement is at least partially dependent on his longevity. Moreover, the jury verdict is to be paid in today's dollars and to offset the same by the present value of uncertain future dollars would diminish plaintiff's recovery in a manner not contemplated by the worker's compensation laws. Such result impermissibly shifts the risks of inflation, death, and loss of use-value to the innocent victim. The trial court's resolution is neither legally flawed nor the product of a manifest abuse of discretion, and the decision is thus affirmed.

II.

IDAHO CODE § 72-802

At oral argument, the amicus curiae argued that the trial court's order to offset the verdict violated the non-assignability provision of I.C. § 72-802. We disagree. The judgment in favor of plaintiff Barnett, as rendered by the jury and reduced by the trial court to reflect worker's compensation benefits paid by JOB Line, is predicated upon compliance with the payover order for benefits received...