Johnson v. Clark

• Decision Date: 18 April 2007
• Docket Number: No. 2:03cv490-FtM-99DNF.,2:03cv490-FtM-99DNF.
• Citation: 484 F.Supp.2d 1242
• Parties: David P. JOHNSON, Plaintiff/Counter-Defendant, v. William Elrod CLARK, Defendant/Counter-Plaintiff.
• Court: U.S. District Court — Middle District of Florida

Page 1242

484 F.Supp.2d 1242

David P. JOHNSON, Plaintiff/Counter-Defendant, v. William Elrod CLARK, Defendant/Counter-Plaintiff.

No. 2:03cv490-FtM-99DNF.

United States District Court, M.D. Florida, Fort Myers Division.

April 18, 2007.

COPYRIGHT MATERIAL OMITTED

Alan William Roddy, Arthur S. Hardy, Theodore C. Eastmoore, Martin Garcia, Matthews, Eastmoore, Hardy, Crauwels & Garcia, P.A., Sarasota, FL, Brenda F. Nelms, W. Russell Snyder, Law Office of W. Russell Snyder, P.A., Venice, FL, for Plaintiff/Counter-Defendant.

Marcos E. Hasbun, Morris Weinberg, Jr., Scott T. Lyon, Zuckerman Spaeder, LLP, Kevin B. Woods, Steven David Parker, Davis & Harmon, PA, Tampa, FL, for Defendant/Counter-Plaintiff.

MEMORANDUM OPINION

WISEMAN, Senior District Judge.

Before the Court is Defendant William Elrod Clark's Motion for Judgment as a Matter of Law and Alternative Motion for New Trial or for Remittitur (Doc. No. 490). Plaintiff David P. Johnson has filed his response in opposition to the motion (Doc. No. 506). For the reasons discussed below, Defendant's motion for a new trial on the issue of damages will be conditionally denied, subject to Plaintiff's acceptance of the Court's remittitur. The jury's verdict for compensatory damages will be remitted from $1,000,000 to $500,000. If he accepts the Court's remittitur, Plaintiff is to file a notice of remittitur in accordance with these terms within 30 days of entry of the Court's Order to that effect. If Plaintiff fails to accept the Court's remittitur within 30 days, a new trial will be ordered limited to the issue of damages. In all other respects, Defendants' motion will be denied, as discussed herein.

I. PROCEDURAL BACKGROUND

No factual background is provided herein other than as strictly necessary for an understanding of the parties' arguments. Procedurally, this case went to trial before an eight-person jury on Plaintiff David P. Johnson's three counts of defamation (two other counts having been dismissed on summary judgment) beginning January 9, 2007. After a fourteen-day trial, the matter was submitted to the jury the morning of January 31, 2007. The jury returned a verdict the afternoon of the same day. The jury found in favor of the Defendant on Count I, and in favor of the Plaintiff on Counts II and III, and awarded actual and compensatory damages totaling $1,000,000. On the same Verdict Form, the jury indicated that it found that the Plaintiff had established by clear and convincing evidence that the statements determined to be defamatory were made with actual knowledge of the wrongfulness of the conduct; with ill will, hostility or intent to harm Plaintiff, or with a reckless indifference to Plaintiff's rights, such that the Defendant might also be liable for punitive damages. (See Verdict Form, Doc. No. 471.) However, after the parties presented proof relating to punitive damages in a second trial phase, the jury declined to award punitive damages. (Doc. No. 474.) The Court entered Judgment consistent with the jury's verdict on February 5, 2007.

II. STANDARD OF REVIEW

In his motion, Defendant invokes Rule 50(b) to renew the request for judgment as a matter of law he previously made at the close of all proof. In the alternative, Defendant moves for a new trial or for remittitur of the damages award.

A. Motion for Judgment as a Matter of Law

In reviewing a motion under Rule 50(b), the court must look at the record evidence, drawing all inferences in favor of the nonmoving party. Cleveland v. Home Shopping Network, Inc., 369 F.3d 1189, 1192-93 (11th Cir.2004). Judgment as a matter of law for the defendant is due when there is insufficient evidence to prove an element of the claim, which means that no reasonable jury could have reached a verdict for the plaintiff on that claim. Id. at 1192; Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ("The moving party is entitled to a judgment as a matter of law [where] the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof." (internal quotation marks omitted)); Bogle v. Orange County Bd. of County Comm'rs, 162 F.3d 653, 659 (11th Cir.1998) ("[I]n order to survive a defendant's motion for judgment as a matter of law ... the plaintiff must present evidence that would permit a reasonable jury to find in the plaintiff's favor on each and every element of the claim.").

Under this standard, "[a] district court should grant judgment as a matter of law when the plaintiff presents no legally sufficient evidentiary basis for a reasonable jury to find for him on a material element of his cause of action." Pickett v. Tyson Fresh Meats, Inc., 420 F.3d 1272, 1279 (11th Cir.2005) (citation omitted). Conversely, the Court should deny the motion "if the plaintiff presents enough evidence to create a substantial conflict in the evidence on an essential element of the plaintiffs case." Id. (citations omitted). Of course, "[c]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge." Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). "[A]lthough the court should review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe." Id. at 151, 120 S.Ct. 2097.

While the Court must afford due deference to the jury's findings, it is axiomatic that such findings are not automatically insulated from review by virtue of the jury's careful and conscientious deliberation or detailed answers to special interrogatories. Rule 50 allows the trial court to remove issues from the jury's consideration "when the facts are sufficiently clear that the law requires a particular result." Weisgram v. Marley Co., 528 U.S. 440, 447, 120 S.Ct. 1011, 145 L.Ed.2d 958 (2000) (quoting 9A C. Wright & A. Miller, Federal Practice and Procedure § 2521, at 240 (2d ed.1995)). A jury verdict is not entitled to "the benefit of unreasonable inferences, or those at war with the undisputed facts." United Fire & Cas. Ins. Co. v. Garvey, 419 F.3d 743, 746 (8th Cir.2005) (citation omitted).

B. Motion for New Trial

Where alternative motions for judgment as a matter of law and for new trial are presented, the court should rule first on the motion for judgment, and "whatever his ruling thereon he should also rule on the motion for a new trial, indicating the grounds of his [or her] decision." Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 253, 61 S.Ct. 189, 85 L.Ed. 147 (1940); see also Fed.R.Civ.P. 50(c)(1). Pursuant to Federal Rule of Civil Procedure 59(a), "[a] new trial may be granted to all or any of the parties and on all or part of the issues ... in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States...." Although a comprehensive list of the grounds for granting a new trial is elusive, the Supreme Court has held that a motion for a new trial may rest on the fact that "the verdict is against the weight of the evidence, that damages are excessive, or that, for other reasons, the trial was not fair to the party moving; and may raise questions of law arising out of alleged substantial errors in admission or rejection of evidence or instructions to the jury." Montgomery Ward & Co., 311 U.S. at 251, 61 S.Ct. 189. Consequently, a trial judge has greater discretion in ruling on a motion for new trial than when ruling on a motion for judgment as a matter of law.

III. DISCUSSION

A. Defendant's Motion

As previously indicated, Defendant seeks judgment in his favor as a matter of law on Counts II and III of the Amended Complaint. With respect to Count II, premised upon statements made by Defendant in an article published on July 25, 2001 (the "July 25, 2001 Article"), Defendant contends that there is no substantial evidence in the record from which a reasonable jury could have concluded that any statement made by the Defendant, as reflected in the Article, was false. In the alternative, Defendant claims that his statements were pure opinion based on facts disclosed in the Article as well as facts known or available to the general public and, as such, were not actionable. With respect to Count III, premised upon statements the Defendant made in a December 12, 2001 letter to the editor (the "Letter to the Editor"), Defendant again contends that the subject statements were "pure opinion" and therefore cannot form the basis of a claim for defamation.

In the alternative, Defendant requests a new trial on Counts II and III. As grounds for a new trial, Defendant asserts that (1) the jury's verdict is "contrary to the great weight of the evidence"; (2) certain jury instructions were erroneous and prejudicial in that they led to "substantial injustice" (Doc. No. 490, at 10, quoting Busch v. County of Volusia, 189 F.R.D. 687, 695-96 (M.D.Fla.1999)); (3) Defendant was substantially prejudiced by "other writings" introduced at trial; and (4) the jury's award was excessive. Alternatively, Defendant asserts that, if a new trial is not granted, the Court should exercise its power to set aside or substantially remit the damages award. The Court will address each of these contentions in turn.

B. Whether Defendant Is Entitled to Judgment as a Matter of Law (1) Florida Defamation Law

Under Florida law, the elements of a defamation claim include "a false and defamatory statement concerning another." Thomas v. Jacksonville Tel., Inc., 699 So.2d 800, 803 (Fla. 1st DCA 1997). This element, a false statement of fact, has been called the "sine qua non for recovery in a defamation action." Byrd v. Hustler Magazine, Inc., 433 So.2d 593, 595 (Fla. 4th DCA 1983), quoted in Fortson v. Colangelo, 434 F.Supp.2d 1369, 1378 (S.D.FIa. 2006). Whether...