Boyce v. Board of Com'rs of Dickinson County

• Decision Date: 30 June 1994
• Docket Number: Civ. A. No. 92-4180-DES.
• Citation: 857 F. Supp. 794
• Parties: Kenna BOYCE, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF DICKINSON COUNTY and Durward Nice, Dickinson County Administrator, Defendants.
• Court: U.S. District Court — District of Kansas

857 F. Supp. 794

Kenna BOYCE, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF DICKINSON COUNTY and Durward Nice, Dickinson County Administrator, Defendants.

Civ. A. No. 92-4180-DES.

United States District Court, D. Kansas.

June 30, 1994.

David O. Alegria, McCullough, Wareheim & La Bunker, P.A., Topeka, KS, for plaintiff.

Thomas D. Haney, Porter, Fairchild, Wachter & Haney, Topeka, KS, for defendants.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on the parties' various post-trial motions. In this case, plaintiff claimed that defendants created a hostile work environment in retaliation for Title VII protected activity. She also claimed that defendants constructively discharged her. The jury found for plaintiff on the former claim but against her on the latter. The jury awarded plaintiff $50,000 for her emotional pain, suffering, and mental anguish.

The parties present the following motions: defendants' motion for judgment notwithstanding the verdict or, alternatively, new trial or remittitur (Doc. 84); plaintiff's motion for judgment notwithstanding the verdict or, alternatively, new trial (Doc. 90); and plaintiff's application for attorney's fees (Doc. 92).

I. THE PARTIES' MOTIONS FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR, ALTERNATIVELY, FOR NEW TRIAL.

Federal Rule of Civil Procedure 50(b) allows a party to move for judgment notwithstanding the verdict ("JNOV"). In reviewing a motion for JNOV, the district court may grant the motion only if the facts and inferences in the case point so strongly and overwhelmingly in favor of one party that the court should find that reasonable persons could not arrive at a contrary verdict. Downie v. Abex Corp., 741 F.2d 1235, 1238 (10th Cir.1984). The question is whether there is any evidence upon which the jury could properly return a verdict for that party, not whether there exists no evidence supporting the party against whom the motion is directed. K-B Trucking Co. v. Riss Int'l. Corp., 763 F.2d 1148, 1163 (10th Cir.1985). In considering the motion, the trial judge must consider all the evidence and the reasonable inferences derived therefrom in the light most favorable to the party against whom the motion is directed. Downie, 741 F.2d at 1238. The trial court is not permitted to weigh the evidence presented, to pass on the credibility of the witnesses, or to substitute its judgment of the facts for that of the jury. See e.g., Marsh v. Coleman Co., Inc., 806 F.Supp. 1505, 1507 (D.Kan.1992). The court may grant JNOV only if no reasonable inferences sustain the position of the party against whom the motion is directed. Id.

Generally, motions for new trial are committed to the sound discretion of the trial court. McDonough Power Equip. Inc. v. Greenwood, 464 U.S. 548, 556, 104 S.Ct. 845, 850, 78 L.Ed.2d 663 (1984). In reviewing a motion for new trial, the court should "exercise judgment in preference to the automatic reversal for `error' and ignore errors that do not affect the essential fairness of the trial." Id. at 553, 104 S.Ct. at 848. "The party seeking to set aside a jury verdict must demonstrate trial errors which constitute prejudicial error or that the verdict is not based on substantial evidence." White v. Conoco, Inc., 710 F.2d 1442, 1443 (10th Cir. 1983). "In considering a motion for new trial, the court is permitted to weigh the evidence and it may order a new trial even if there is evidence to support the jury's verdict." Commons v. Montgomery Ward & Co., 614 F.Supp. 443, 449 (D.Kan.1985) (citing 11 Wright & Miller, Federal Practice and Procedure, § 2806).

A. Defendants' Motion for JNOV or, Alternatively, New Trial or Remittitur.

Defendants make the following three arguments in support of their motion: (1) there is insufficient evidence to support plaintiff's retaliation claim; (2) there is insufficient evidence to support plaintiff's damages claim; and (3) plaintiff may not receive compensatory damages. After examining the issues presented, the court concludes, albeit reluctantly, that defendants' motion for JNOV or, alternatively, new trial or remittitur must be denied.

First, defendants argue that the evidence is insufficient to support the jury's verdict on plaintiff's retaliation claim. The court has examined defendants' arguments and the issues presented. Although it is the court's opinion that the weight of the evidence favors defendants, the evidence presented is legally sufficient to support the jury's verdict. Plaintiff presented various instances of arguable retaliation (e.g., the telephone investigation, the treatment of Jim Hague, the treatment of plaintiff's co-workers), she also presented evidence that she suffered mental anguish. Considering all the evidence in the light most favorable to plaintiff, the court is unable to conclude that no reasonable jury could find for plaintiff on her retaliation claim. Thus, the court denies defendants' motion for JNOV.

Additionally, the court is unconvinced that the jury's verdict requires a new trial. When evaluating a motion for new trial, "the trial court must focus on whether the verdict is clearly, decidedly, or overwhelmingly against the weight of the evidence." Cunningham v. Subaru of America, Inc., 684 F.Supp. 1567, 1569 (D.Kan.1988) (citing Black v. Hieb's Enter., Inc., 805 F.2d 360, 363 (10th Cir.1986). The court, although of the belief that the jury's verdict is against the weight of the evidence, cannot conclude that the verdict is clearly, decidedly, or overwhelmingly against the weight of the evidence. A new trial is not warranted simply because the court would have reached a different verdict. Richardson v. Suzuki Motor Co., Ltd., 868 F.2d 1226, 1248 (Fed.Cir.1989), cert. denied, 493 U.S. 853, 110 S.Ct. 154, 107 L.Ed.2d 112 (1989). See also Purnell v. Lord, 952 F.2d 679, 686 (2d Cir.1992) (writing that "a trial court ordinarily should not grant a new trial unless it is convinced that the jury has reached a seriously erroneous result or that its verdict is a miscarriage of justice"). Thus, the court denies defendants' motion for new trial.

Second, defendants argue that the evidence is insufficient to support the jury's award of $50,000 to compensate plaintiff for her emotional pain, suffering, and mental anguish. As with defendants' first argument, the court disagrees with the amount of the jury's verdict, however, the court finds that post-trial relief is inappropriate. That is, (1) construing the evidence in the light most favorable to plaintiff, the court is unable to hold that the evidence is legally insufficient to support the jury's verdict and (2) the court is unable to find that the jury's verdict is clearly, decidedly, and overwhelmingly against the weight of the evidence.

Alternatively, defendants move for remittitur. In evaluating a motion for remittitur, the court must examine the verdict to determine whether the jury award is "so excessive that it shocks the judicial conscience or leads to an inescapable inference that it resulted from improper passion or prejudice on the part of the jury." Malandris v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 703 F.2d 1152, 1177 (10th Cir. 1981), cert. denied, 464 U.S. 824, 104 S.Ct. 92, 78 L.Ed.2d 99 (1983).

The court has fully considered defendants' contentions and examined the issues presented. Although the jury award is significant, and the court may not be in agreement with its amount, it is not so excessive that it "shocks the judicial conscience" or leads to an "inescapable inference" of impropriety. Plaintiff presented legally sufficient evidence regarding mental anguish and the jury's award is within the statutory parameters. The court finds that defendants' motion for remittitur should be denied.

Third, defendants argue that plaintiff cannot receive compensatory damages. Defendants presented a similar argument in their motion to strike jury trial. The court previously has considered and rejected this argument.¹ Accordingly, defendants' motion, to the extent it is based on their third argument, is denied.

B. Plaintiff's Motion for JNOV or, Alternatively, New Trial.

Plaintiff moves for JNOV or, alternatively, new trial on her constructive discharge claim. A party cannot move for JNOV unless she first moved for a directed verdict at trial. See, e.g., 9 Wright & Miller, Federal Practice and Procedure, § 2537, at p. 596 (1971) (stating that "a motion for judgment notwithstanding the verdict cannot be made unless a motion for directed verdict was made by the party at the close of all the evidence").² Plaintiff did not move for directed verdict, formally or informally, on her constructive discharge claim. Her failure to move for directed verdict precludes her from moving for JNOV. Therefore, the court denies her motion insofar as it is for JNOV.

In support of her motion for new trial, plaintiff argues that the court (1) erroneously instructed the jury on constructive discharge and (2) improperly refused to provide the jury with certain figures written on a chalk-board during the trial.

First, plaintiff argues that the court erroneously instructed the jury on constructive discharge. Plaintiff points to no specific instruction with which she finds fault. Instead, she argues in a general fashion that the instructions erroneously required the jury to find that defendants acted intentionally.

"The question on which constructive discharge cases turn is whether the employer by its illegal discriminatory acts had made working conditions so difficult that a reasonable person in the employee's position would feel compelled to resign." Derr v. Gulf Oil Corp., 796 F.2d 340, 344 (10th Cir. 1986). The standard is objective in that its focus is not on whether the employer specifically intended by its alleged illegal discriminatory acts to force plaintiff to resign. Id. at 343-344. The standard's focus is on whether the employee resigned, rather than waiting to be fired, because of...