Coulthard v. Cossairt
| Decision Date | 14 December 1990 |
| Docket Number | Nos. 89-230,89-231,s. 89-230 |
| Citation | 803 P.2d 86 |
| Parties | Max COULTHARD, Appellant (Defendant), v. Garth COSSAIRT, Appellee (Plaintiff). Garth COSSAIRT and Joe Finnerty, Appellants (Plaintiffs), v. Max COULTHARD, Appellee (Defendant). |
| Court | Wyoming Supreme Court |
Rebecca A. Lewis (argued), and John J. Metzke of Hirst and Applegate, Cheyenne, for Coulthard.
John E. Stanfield (argued), and Bruce B. Waters of Smith, Stanfield & Scott, Laramie, for appellee Cossairt.
Before CARDINE, C.J. * , and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.
Appellant Max Coulthard appeals a $1.7 million award to appellee Garth Cossairt for injuries Cossairt sustained when Coulthard's vehicle went off a mountain road in Albany County. Cossairt, joined by another plaintiff in the original proceeding, raises an issue concerning the computation of costs on cross-appeal.
We affirm in all respects.
Coulthard phrases the issues in the following way:
On cross-appeal, Cossairt and Finnerty raise the following issue:
"[W]hether Wyoming should adopt a rule whereby the trial courts are allowed to review discovery activities and expenses and have the discretion to award discovery costs in appropriate cases."
FACTS
On July 25, 1987, Coulthard, Cossairt, Kirk Schrawyer, Joe Finnerty, and Mike The original plan called for all five men to ride from Laramie to Mountain Home in Chesnut's vehicle. Coulthard, however, also drove his truck for a reason not readily apparent from the record. Before leaving Laramie, they purchased beer and whiskey, which was kept in Coulthard's truck. On the way to Mountain Home, both vehicles stopped, and the men smoked marijuana and drank whiskey. Coulthard was also drinking while driving to Mountain Home.
Chesnut went to Mountain Home to celebrate Schrawyer's upcoming wedding with a bachelor party. They had decided to rent a cabin, celebrate and spend the night in order to avoid driving home following the planned drinking party. As one participant put it, "at the time that seemed like a great idea." It did not turn out that way
Although they had no specific agenda for this party, they intended to stay at the cabin they had rented the entire time. After spending a little time at the cabin, Coulthard suggested they visit his uncle who lived across the highway. At his uncle's, Coulthard, who was the only one who brought fishing gear, suggested they go fishing. Coulthard's uncle recommended Pelton Creek as a good place to fish. They drove there in Coulthard's truck with Coulthard driving, Chestnut riding in the cab of the truck, and the other three riding in the back.
Coulthard had drunk at least eight cans of beer and half of a fifth of whiskey by the time they arrived at the fishing area. Instead of fishing all the time, Coulthard spent some time wrestling with Chesnut in piles of cattle droppings. When it came time to return to the cabin, no one, except for Coulthard himself, wanted Coulthard to drive because of his obvious intoxication. Cossairt got into the driver's side of the vehicle and told Coulthard that he should not drive. Coulthard was an all-state football player with a reputation for being tough. Cossairt was a quiet person whose interest in sports leaned toward cross-country running and skiing. Coulthard responded to Cossairt's suggestion by slapping Cossairt, pulling him from the driver's seat, and throwing him into the back of the truck. Acting threatening and loud, Coulthard declared, "I'm going to be the only one to drive that truck." The others felt intimidated enough by this to get into the truck as well. As with the trip to the fishing area, Chesnut rode in the cab of the truck, and the other three rode in the back.
From the moment Coulthard took off, his driving scared the three riding in the back of the truck. Driving at about 40 miles per hour on a curvy, washboarded gravel road, Coulthard caused the truck to fishtail and slide around the turns. Cossairt banged his hands on the roof and rear window of the cab and yelled in an attempt to get Coulthard to slow down. Schrawyer joined him in the banging and yelling when Coulthard did not respond to Cossairt's pleas.
After going through six or seven curves in this manner, the truck become airborne as it went off the road. Cossairt, Coulthard, Schrawyer and Finnerty were thrown from the truck.
Everyone was injured to some extent, with Cossairt sustaining the most serious injuries. Schrawyer, who attended to Cossairt and Finnerty after the accident, observed a gash in Cossairt's head and part of his calf missing. Cossairt was taken to Ivinson Memorial Hospital in Laramie, where it was feared he would not survive his injuries. He was then transported by helicopter to a Fort Collins, Colorado hospital. He remained hospitalized for 33 days, including five in intensive care.
Cossairt's injuries left him with permanent brain damage and physical disabilities. His skull was fractured and part of his brain was removed. He has difficulty with speaking and forming sentences. He has difficulty in using his right arm. His knee is unstable and susceptible to osteoarthritis. Academic testing following the accident places him in the bottom percentile for language and mathematic skills. In August 1988, he underwent cranioplasty surgery to repair his skull. He had additional knee surgery in May 1989.
Cossairt brought suit on November 12, 1987. Coulthard answered, admitting the accident and the injuries. He raised defenses A five-day trial was held in July 1989. The three plaintiff's testified and offered evidence from other witnesses. At the close of the plaintiffs' case, Coulthard rested without presenting a defense. Upon the plaintiffs' motion, the court granted a directed verdict finding Coulthard negligent with no comparative negligence on the part of the plaintiffs. See W.R.C.P. 50(a). The case went to the jury on the question of damages, including whether punitive damages should be awarded. The jury awarded Cossairt $1.7 million, Finnerty $20,100 and Schrawyer $6,500. It found that punitive damages should be awarded and, following testimony by Coulthard on his financial status, awarded $500 in punitive damages.
of contributory and comparative negligence. He claimed that his actions were not the proximate cause of the injury. He claimed that Cossairt's injuries resulted from a joint venture in which Cossairt participated with knowledge of the obvious and apparent danger. Cossairt's case was consolidated for trial with the cases of the three other passengers. Chesnut settled with Coulthard before trial. Schrawyer originally joined in the cross-appeal but was dismissed upon his own motion on February 9, 1990.
Coulthard moved for a new trial or amendment of judgment in Cossairt's case. Coulthard claimed the $1.7 million award appeared to be the result of passion or prejudice on the part of the jury and not supported by sufficient evidence. See W.R.C.P. 59(a)(4) and (6). The court admitted it was surprised at the size of the award but recognized that the court's surprise is no basis to amend the judgment or grant a new trial. Finding the damage award to be supported by sufficient evidence and not the result of passion or prejudice, the court refused "to interfere with the collective wisdom" of the jurors and denied the motion. Coulthard does not contest the awards to Finnerty and Schrawyer.
In October 1989, the court awarded costs to the three plaintiffs. Cossairt requested $4,831.19, but the court disallowed some expenditures for discovery and expert witness expenses, save for the time the experts spent testifying. The court awarded him $2,268.76 in costs. Finnerty requested $538.00 and was awarded $205.50. Schrawyer requested $548.42 and was awarded $70.00.
As a preliminary matter, we address Cossairt's contention that Coulthard failed to preserve the matters decided on directed verdict by not raising those issues on his motion for a new trial. While we continue to recognize the value of allowing the trial court to correct asserted errors of law through a motion for a new trial, such a motion is not necessary to preserve the issue of a directed verdict on appeal. Cf. Harden v. Gregory Motors, 697 P.2d 283 (Wyo.1985).
The rules in existence prior to the promulgation of the Wyoming Rules of Civil Procedure and Wyoming Rules of Appellate Procedure required a motion for a new trial be made before bringing an assignment of error before this court. E.g. Schmidt v. First National Bank, 29 Wyo. 260, 262, 212 P. 651, 652 (1923). However, a motion for a new trial was required as a condition for appeal only for grounds for which a new trial could be granted. In re Austin's Estate, 35 Wyo. 176, 181, 246 P. 459, 460 (1926).
The Wyoming Rules of Civil Procedure enumerate the grounds for which a court may grant a new trial. W.R.C.P. 59(a)(1) through (8). The enumerated ground relating most closely to a directed verdict is W.R.C.P. 59(a)(6), which concerns sufficiency of the evidence to support the verdict. The standard which must be met for granting a directed verdict is greater than that for granting a new trial. Cody v. Atkins, 658 P.2d 59, 64 (Wyo.1983). See also 11 Wright & Miller, Federal Practice and Procedure: Civil § 2806 (1973).
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