Holdaway v. Hall
| Decision Date | 16 January 1973 |
| Docket Number | No. 12836,12836 |
| Citation | 29 Utah 2d 77,505 P.2d 295 |
| Parties | d 77 Pearl Ann HOLDAWAY, Plaintiff and Respondent, v. Roger Vernon HALL, Defendant and Appellant. |
| Court | Utah Supreme Court |
Sumner J. Hatch, of Hatch, McRae & Richardson, Salt Lake City, for appellant.
George H. Searle, Salt Lake City, for respondent.
The defendant appeals from a judgment based on a jury verdict which awarded plaintiff $7,000 general damages, $3,683.50 special damages, and $5,000 punitive damages. 1
The evidence given at trial would justify a finding that plaintiff and defendant had been keeping company with each other and were bowling partners; that defendant came to plaintiff's home to transport her to a bowling match; that while she was getting ready to go, he snooped and read a letter which she had written to another man; that plaintiff made known to defendant that she was through with him; that he forced her to go to the bowling alley; that she sneaked away from him and came home with her sister and brother-in-law; that she barricaded the doors to her house, turned our the lights, and awaited the sequence of events which she correctly anticipated would occur; that about 1:15 a.m. the defendant came to her home, broke open the door, entered, and grabbed her hand and bent it backward, inflicting the injury of which she complains.
The plaintiff's finger was permanently injured and deformed, so that she cannot type or play the organ. She testified that she was earning $120 per week prior to the injury and since then has only been able to secure work which pays her $1.15 per hour. She also testified that she could type 90 words per minute prior to the injury.
The plastic surgeon who operated on the finger in an effort to correct the damage testified that future operations by two doctors in San Francisco, California, might improve the condition but in his opinion the operations would not entirely correct it.
The defendant claims that the award of damages was excessive.
We think that the award of $7,000 as general damages was entirely proper. The appellant claims the special damages awarded exceeded the amount plaintiff proved. The evidence showed expenses relating to cost of treatment to her finger of $539.95. It also showed damage to a screen door of $10, damage to the front door of $75, and damage to her clothing in the amount of $30. This gives a total of $654.95.
Loss of earning capacity is classed under special damages, since it is a damage which does not necessarily flow from an injury. This item of special damage was not specially claimed in the complaint, but was proved at a contested trial, and under Rule 15(b), U.R.C.P., the pleadings are deemed amended to conform to the proof. In addition to this, the plaintiff in her complaint asked for special damages in the amount of $3,683.50, and no request for clarification was made by the defendant, nor was any objection made thereto prior to trial.
The cost of a future operation in San Francisco would also be an item of special damages, and altogether it would seem that the special damages awarded are justified by the evidence.
As to the punitive damages, the trial court reduced the award of $10,000 in the jury verdict to $5,000, which figure he determined to be sufficient and not excessive.
While the general law is to the effect that punitive damages should ordinarily bear...
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