Bridge v. Karl's, Inc.

• Decision Date: 26 April 1995
• Docket Number: Nos. 18791,18807,s. 18791
• Parties: Michael D. BRIDGE and Vicky A. Bridge, Plaintiffs and Appellants, v. KARL'S, INC., Defendant and Appellee. . Considered on Briefs
• Court: South Dakota Supreme Court

Page 521

538 N.W.2d 521

Michael D. BRIDGE and Vicky A. Bridge, Plaintiffs and Appellants, v. KARL'S, INC., Defendant and Appellee.

Nos. 18791, 18807.

Supreme Court of South Dakota.

Considered on Briefs April 26, 1995.

On Reassignment Aug. 17, 1995.

Decided Oct. 11, 1995.

Ronald W. Banks and Samuel D. Kerr of Banks, Johnson and Colbath, Rapid City, Benjamin J. Eicher of Wallahan, Banks & Eicher, Rapid City, for plaintiffs and appellants.

Robert Morris of Quinn, Eiesland, Day & Barker, Rapid City, for defendant and appellee.

GILBERTSON, Justice (on reassignment).

This is an appeal by Mike (Mike) and Vicky Bridge from an order of the trial court denying their motion for judgment notwithstanding the verdict and an alternative motion for a new trial. More specifically they present two issues for our consideration:

I.

DID THE TRIAL COURT ERR IN SUBMITTING THE ISSUES OF PROXIMATE CAUSE AND DAMAGES TO THE JURY IN LIGHT OF THE FACT OF KARL'S ADMISSION OF NEGLIGENCE AND THE TESTIMONY OF MIKE'S EXPERT WITNESSES AS TO DAMAGES?

II.

DID THE TRIAL COURT ERR IN TAXING CERTAIN COSTS?

We affirm as to Issue I and reverse and remand per stipulation of the parties as to Issue II.

FACTS AND PROCEDURE

On January 11, 1991, Mike was traveling westbound on Omaha Street in Rapid City enroute to an appointment with a realtor. Mike stopped his vehicle behind several other vehicles at a red light at the intersection of West Boulevard and Omaha Street. After the light turned green, Mike drove westbound behind the other vehicles until the lead vehicle stopped in the inside westbound lane to make a left hand turn across oncoming traffic into a parking lot. The lead vehicle had made a proper left hand turn signal. Mike and the other drivers in front of Mike stopped behind the lead vehicle.

While stopped, Mike heard tires sliding behind his vehicle. He glanced into his rear view mirror and saw a pickup owned by Karl's Inc. (Karl's) sliding towards the rear end of Mike's vehicle at what Mike described as somewhat of a slant. Fearing an accident was imminent, Mike leaned to his right with his head about one foot off the seat. The Karl's pickup, driven by an employee, struck the rear of Mike's vehicle. On cross-examination Mike testified he did not recall his head making any type of movement because of the impact.

After the impact, the drivers of both vehicles drove their vehicles from the accident scene to a parking lot where they exchanged information. Ron Hubbard, the Karl's driver, told Mike that he had failed to see Mike's vehicle before the accident occurred. Immediately after the accident, Mike admitted he felt no pain. He proceeded to keep his appointment with the realtor.

A picture of Mike's vehicle showing the damage to it was characterized by the trial court at a post-trial hearing as a "small little dent" and "a minor accident." At the same hearing, counsel for Mike was forced to admit there was only "minor physical damage" to the vehicle as a result of the impact. The police were not summoned to the accident scene as it was believed by those at the scene that the property damage did not exceed $500.00. ¹

Following completion of his appointment with the realtor, Mike went to the emergency room of the Rapid City Regional Hospital for a checkup for any injuries resulting from the accident. Mike complained of suffering from pain in his neck, limitation of neck movement, radiating headaches, shoulder pain and radiating pain into his right arm.

Mike and Vicky brought suit against Karl's for personal injuries, lost wages, loss of earning capacity, pain and suffering, and other special and compensatory damages including loss of consortium for Vicky. Prior to trial, Karl's filed an admission which stated it was "legally liable for any injury that Michael Bridge may have suffered, proximately resulting from the accident on January 11, 1991." (emphasis added).

A jury trial commenced on February 14, 1994. The jury returned a form entitled "Verdict for the Defendant" in favor of Karl's on all issues. The trial court taxed costs in favor of Karl's pursuant to SDCL 15-17-37 and -44 in the amount of $2,464.68.

Thereafter Mike and Vicky moved the trial court for a judgment notwithstanding the verdict or in the alternative a new trial. The trial court denied both motions. This appeal followed.

ANALYSIS AND DECISION

I. Motion for Judgment Notwithstanding the Verdict or for a New Trial

A. Standard of Review

The long-standing standard of review concerning motions for a directed verdict and judgment notwithstanding the verdict is set forth in Westover v. East River Elec., 488 N.W.2d 892, 896 (S.D.1992):

Our standard of review of the circuit court's denial of a directed verdict and of the jury's determination in favor of [the] plaintiff is well established. We must examine the evidence in the light most favorable to the non-moving party and give him the benefit of all reasonable inferences. Robinson v. Mudlin, 273 N.W.2d 753, 755 (S.D.1979). The moving party is entitled to evidentiary consideration only where its evidence is uncontradicted or tends to amplify, clarify or explain the evidence in support of the verdict of the jury for the prevailing party. Nugent v. Quam, 82 S.D. 583, 152 N.W.2d 371, 374 (1967).

In such a context, it becomes our task to review the record and determine whether there is any substantial evidence to allow reasonable minds to differ. Haggar v. Olfert, 387 N.W.2d 45 (S.D.1986). This court does not weigh the evidence and substitute its judgment for that of the jury. Robinson, 273 N.W.2d at 755; Berg v. Sukup Mfg., 355 N.W.2d 833, 835 (S.D.1984). The decision of the jury is likely to be upheld as questions of negligence ... are for the determination of the jury 'in all except the rarest of instances.' Stoltz v. Stonecypher, 336 N.W.2d 654, 657 (S.D.1983).

Whether the jury's verdict should result in a new trial being granted is left to the sound discretion of the trial court. We will not overturn that ruling without a clear showing of an abuse of discretion. Dartt v. Berghorst, 484 N.W.2d 891, 894 (S.D.1992). An abuse of discretion occurs only if no " 'judicial mind, in view of the law and the circumstances of the particular case, could reasonably have reached such a conclusion.' " Id. (quoting Jensen v. Weyrens, 474 N.W.2d 261, 263 (S.D.1991)).

B. The Jury Verdict Form

Mike's position as set forth at page 18 of his brief is that "(i)n the present action liability was not in issue." (emphasis original). However, the admission of Karl's left more for the jury to decide than just the appropriate amount of damages due Mike and Vicky. Rather, the admission states Karl's is "legally liable for any injury that Michael Bridge may have suffered, proximately resulting from the accident on January 11, 1991." (emphasis added.) SDCL 21-3-1 makes a person liable for one's negligence "proximately caused thereby."

Thus, instead of admitting liability, Karl's admitted the negligence of its driver but left for the jury the issues of proximate cause and any resulting damages. This distinguishes the case now before us from those cases where the defendant admitted both negligence and proximate cause, or it was found as a matter of law, thus leaving only the issue of the amount of damages for a jury determination.

This case is a claim for personal injury damages alleged to have resulted from an automobile accident. These types of cases are frequently in the courts and the law concerning them is well settled. Mike requested approximately $700,000 for medical bills, pain and suffering and other damages. Karl's viewed this as a minor fender-bender and sought through cross-examination of Mike's witnesses to show the jury that Mike's claims were significantly exaggerated throughout the trial. The jury was called upon to make difficult choices as to proximate cause, ² and if established, the extent of damages, if any.

Given the fact that proximate cause was a jury issue, we find no problem with submitting the two verdict forms that were used by the trial court. Whether to use such general forms rests with the sound discretion of the trial court. Miller v. Hernandez, 520 N.W.2d 266 (S.D.1994). The form was simple and easy to understand by jurors of average intelligence. ³ The real issue thus becomes whether there is an evidentiary basis to support the jury's verdict.

C. Evidentiary Basis to Support the Jury's Verdict

Mike argues the evidence is uncontradicted as Karl's called no witnesses in its behalf. Mike states he incurred medical expense as a result of the accident and his two medical experts, Dr. Gruba, a chiropractor, and Dr. James, a neurosurgeon, both testified that Mike sustained permanent injuries as a result of the accident.

It is uncontradicted that shortly after the accident, Mike went to the emergency room of a Rapid City hospital to be examined. He incurred a bill of $306.44 for this examination. This is recoverable only if Mike's injury was proximately caused by the accident and the expense resulting from the emergency room visit was reasonably incurred medical care. Smith v. Weber, 70 S.D. 232, 238, 16 N.W.2d 537, 540 (1944). Clearly the trip to the hospital came after the accident, but was it reasonably incurred medical care? At the accident scene, Mike admitted he felt no pain and proceeded to keep a real estate appointment. Only then did he go for the checkup. Thus, a jury question arises to the medical reasonableness of the bill. Unfortunately for Mike, the jury found against him. The substantial claim for subsequent medical bills incurred for treatment by Dr. Gruba, ⁴ Dr. Sabow and Dr. Jones were also for the determination by the jury. It again found against Mike.

Mike also argues the uncontradicted testimony of Dr. Gruba and Dr. James established permanent injury as proximately caused by the accident. Dr. Gruba concluded Mike's injury was caused by the accident based on facts given him by Mike. There...