Gary v. Foster Lumber Co., Inc., 4380
| Decision Date | 29 January 1975 |
| Docket Number | No. 4380,4380 |
| Citation | 531 P.2d 497 |
| Parties | Juanita GARY, Appellant (Plaintiff below), v. FOSTER LUMBER COMPANY, INC., and Gary A. Sidwell, Appellees (Defendantsbelow). |
| Court | Wyoming Supreme Court |
Phil N. Nash, Casper, for appellant.
Robert R. Rose, Jr., Casper, for appellees.
Before McEWAN, GUTHRIE, and McCLINTOCK, JJ.
This is an appeal from a judgment entered upon a jury verdict awarding the plaintiff general but no special damages. This case was initiated as a result of an automobile collision in Casper, Wyoming. The trial court determined as a matter of law the defendant driver Gary Sidwell was negligent and that his negligence was the proximate cause of the collision; that the plaintiff was not guilty of contributory negligence; and that the plaintiff was entitled to recover $50 for damages to her automobile. And the jury was so instructed.
The parties stipulated and the court instructed the jury that the defendant Sidwell was acting within the scope of his employment at the time of the collision and his acts became those of the defendant Foster Lumber Company, Inc. They also stipulated, and the court instructed, that the plaintiff incurred hospital, drug and other bills in the sum of $3,889.38, for which the defendants denied liability. The plaintiff claimed total damages in the amount of $214,692.64. The jury returned a verdict for the plaintiff in the total amount of $950.00, designated as $50,00 for damages to her automobile and $900.00 for pain and suffering and disability, past, present and future.
After the verdict was returned but before the jury was released the plaintiff moved the court to have the jury re-instructed and returned for further deliberations, pursuant to § 1-132, W.S.1957. The court took the motion under advisement and later denied it and released the jury. The plaintiff filed motions for a new trial and for an order adding ot and increasing the jury's award, both of which were denied.
The plaintiff appealed and argued that the jury should have awarded her special damages in the sum of $3,889.38 and that the matter should be remanded for a new trial on the issue of special damages. The sole issue then before this court is whether or not the jury must award some special damages where it awarded general damages in the sum of $900 for pain and suffering. Although our task is unique and somewhat complicated because there is no transcript, we nonetheless determine that the judgment of the trial court must be affirmed.
The plaintiff stated that she ...
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