Hawthorne v. Canavan
Decision Date | 27 July 2000 |
Docket Number | No. 99-CV-637.,99-CV-637. |
Citation | 756 A.2d 397 |
Parties | Jo Anna HAWTHORNE, Appellant, v. Richard J. CANAVAN, Appellee. |
Court | D.C. Court of Appeals |
Thomas S. Rand, Jr., Rockville, MD, for appellant.
Thomas C. Mugavero, Chevy Chase, MD, for appellee.
Before TERRY, SCHWELB, and FARRELL, Associate Judges.
On January 6, 1997, an automobile operated by the plaintiff, Jo Anna Hawthorne, was rear-ended by a pick-up truck driven by the defendant, Richard J. Canavan. Following a brief trial at which Canavan conceded liability but contested damages, the jury awarded Ms. Hawthorne $4,566.84, the precise amount of her medical bills. Ms. Hawthorne filed a motion for a new trial as to damages, claiming that she was entitled to recover for her pain and suffering. The trial judge denied the motion in a five-page written order. Ms. Hawthorne appeals; we affirm in part, reverse in part, and remand for further proceedings.
Ms. Hawthorne testified that, as a result of the rear-end collision, she was thrown violently forward and sustained a sore neck, back, and hand, as well as a scraped knee. She claimed that approximately two weeks after the accident, she suffered shooting pains down one of her legs. Ms. Hawthorne attended four physical therapy sessions, and she underwent a number of diagnostic procedures, including an EMG and x-rays, range-of-motion tests, and electrical stimulation of her neck and back.
Ms. Hawthorne claimed to have been unable to work for seven and half weeks following the accident. She called no medical witnesses to testify in her behalf,1 and there was no objective verification of her complaints. There was no evidence that Ms. Hawthorne suffered permanent injury, and she does not claim that she did.
As previously noted, Mr. Canavan did not dispute liability. Causation was likewise not at issue; Canavan stated, in response to an interrogatory, that he had no knowledge of any facts upon which to base the contention that the January 6, 1997 accident was not the proximate cause of Ms. Hawthorne's injuries. This response was read to the jury. Canavan argued, however, that Ms. Hawthorne's injuries were not as serious as she claimed them to be.
The jury, as we have noted, awarded Ms. Hawthorne damages in an amount identical to her medical expenses. Ms. Hawthorne asserted in the trial court, and continues to maintain on appeal, that this award was inadequate. Relying primarily on Bernard v. Calkins, 624 A.2d 1217 (D.C.1993), and Barron v. District of Columbia, 494 A.2d 663 (D.C.1985), Ms. Hawthorne contends that the jury improperly denied her recovery for her pain and suffering and that she is entitled to a new trial on the issue of damages.
The trial judge denied Ms. Hawthorne's motion for a new trial, reasoning as follows:
(Emphasis in original) (alterations to citations added).
We agree with the judge's reasoning and conclude that he did not abuse his discretion in denying Ms. Hawthorne's motion for a new trial as to damages. See also Mantis v. Ashley, 391 A.2d 267, 268-69 (D.C.1978)
( )2; Cunningham v. Conner, 309 A.2d 500, 501 (D.C.1973) ( ); Prins-Stairs v. Anden Group, 655 A.2d 842, 843-44 & n. 4 (D.C. 1995) ( ); Shomaker v. George Washington Univ., 669 A.2d 1291, 1295 (D.C.1995) (same, citing Prins-Stairs); Todd R. Smyth, Annotation, Validity of Verdict Awarding Medical Expenses to Personal Injury Plaintiff, but Failing to Award Damages for Pain and Suffering, 55 A.L.R.4th 186 (1987).
It appears that after the jury returned its verdict, some of the jurors met with the attorneys to discuss the trial. Ms. Hawthorne now asserts that "to the best of Plaintiffs counsel's recollection, the first statement made by a juror was, `why did you sue Mr. Canavan and not his insurance company.'" In addition, according to Ms. Hawthorne, another juror suggested that the jury mistakenly believed that Ms. Hawthorne had insurance covering her medical bills. Ms. Hawthorne contended in the trial court, and continues to maintain on appeal, that she was entitled to a new trial on the basis of these alleged comments by members of the jury.
The trial judge denied Ms. Hawthorne's claim, holding first, that jurors may not impeach their own verdict, and second, that in any event, the jurors' questions and comments did not demonstrate bias.3 We do not reach the judge's second reason for deciding the issue in Mr. Canavan's favor, for we are in agreement with the first. "In unmistakable language both this [c]ourt and the Supreme Court of the United States have held the general rule to be that the testimony of jurors will not be received to impeach their verdict, unless such testimony relates to extraneous influences brought to bear upon them." Economon v. Barry-Pate Motor Co., 55 App.D.C. 143, 145, 3 F.2d 84, 86 (1925); accord, Posner v. Holmes, 739 A.2d 358, 364 (D.C.1999)
; see also Tanner v. United States, 483 U.S. 107, 116-27, 107 S.Ct. 2739, 97 L.Ed.2d 90 (1987). Ms. Hawthorne has cited no authority warranting a departure here from this general rule, and we know of none.
In December 1996, approximately three weeks before the accident, Ms. Hawthorne had been laid off from her job. She claimed, however, that but for Mr. Canavan's negligence, she could have earned income as a consultant during the seven and a half weeks that she was unable to work. She therefore sought an award for lost wages. Ms. Hawthorne proffered that upon her recovery from the accident in March 1997, she began looking for employment and found a job at which she earned $448 per week.
In advance of trial, Mr. Canavan filed a motion in limine in which he asked the judge to exclude, as speculative, any claim by Ms. Hawthorne for lost earnings during the period when she was allegedly unable to work. The judge granted the motion, and evidence in support of Ms. Hawthorne's claim was excluded.
Mr. Canavan argues, and we agree, that Ms. Hawthorne was required to...
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