Lynch v. Carolina Self Storage Ctrs., Inc.

• Decision Date: 26 March 2014
• Docket Number: Appellate Case No. 2012–212109.,No. 5213.,5213.
• Citation: 409 S.C. 146,760 S.E.2d 111
• Court: South Carolina Court of Appeals
• Parties: Susan Ann Bell LYNCH, Appellant/Respondent, v. CAROLINA SELF STORAGE CENTERS, INC., Respondent/Appellant.

409 S.C. 146

760 S.E.2d 111

Susan Ann Bell LYNCH, Appellant/Respondent,

v.CAROLINA SELF STORAGE CENTERS, INC., Respondent/Appellant.

Appellate Case No. 2012–212109.

No. 5213.

Court of Appeals of South Carolina.

Heard Dec. 10, 2013.

Decided March 26, 2014.

Kirby D. Shealy, III, Adams and Reese, LLP, of Columbia, for Respondent/Appellant.

Kevin M. Barth and Brendan P. Barth, both of Ballenger, Barth, Hoefer & Lewis, LLP, of Florence, for Appellant/Respondent.

FEW, C.J.

Susan Ann Bell Lynch brought this premises liability lawsuit against Carolina Self Storage Centers, Inc. after a metal door at one of its storage facilities closed on her foot. Although the jury returned a verdict for Lynch, she moved for a new trial, alleging juror misconduct during deliberations and intentional concealment by a juror during voir dire. We affirm the trial court's decision to deny her motion, and all other issues raised by the parties.

I. Facts and Procedural History

While moving furniture out of a storage unit rented from Carolina Self Storage, Lynch propped open a hinged exterior door to the storage building by placing a small table against the door. After she finished loading the furniture into her vehicle, Lynch picked up the table and turned to walk out. When the door began to close, she “put [her] foot back instinctively ... to catch the door.” Due to the height between the door and the ground, the sharp metal bottom edge of the door struck the back of her heel. She suffered a deep cut “that went to the [Achilles] tendon.” Several days after the incident, Lynch fell while ascending a flight of stairs and ruptured her Achilles tendon, which required surgery to repair. A month later, the wound became infected due to a bacterial infection “growing in [her] wet cast,” and she underwent five surgeries to repair the wound with skin grafts.

Lynch commenced this action against Carolina Self Storage, alleging it was negligent in failing to maintain the door in a reasonably safe condition or warn her of its dangerous condition. At trial, Carolina Self Storage argued Lynch failed to prove proximate cause as to the vast majority of her medical expenses because, by ignoring her physician's medical advice to stay off her foot and keep her cast dry, she was the sole cause of the medical expenses associated with the surgery to repair her ruptured Achilles tendon and the treatment for the resulting infection. The jury returned a verdict for Lynch and awarded her $246,068.42–the exact amount of the medical expenses she claimed resulted from her injury. The jury found, however, that Lynch was fifty-percent at fault in causing her injuries, and the court reduced the verdict accordingly. See Clark v. Cantrell, 339 S.C. 369, 378, 529 S.E.2d 528, 533 (2000) (stating the law of comparative fault requires the trial court to reduce a plaintiff's damages “in proportion to the amount of his or her negligence” as determined by the jury). Lynch moved for a new trial nisi additur, arguing the jury failed to consider evidence of noneconomic damages. Carolina Self Storage moved for judgment notwithstanding the verdict (JNOV) on two grounds: (1) it owed no duty to Lynch; and (2) Lynch's own negligence exceeded its negligence as a matter of law. The court denied both motions.

After trial, the jury foreperson told Lynch's attorney that the jury was biased and used improper information to reach its decision. Lynch later filed an affidavit from the foreperson, who stated,

One of the jurors stated she could not stand [Lynch's attorney] and Ms. Sue Lynch was getting nothing. I told her she could not punish [Lynch] for not liking [her attorney]. She said she did not care we would sit there until doomsday [because Lynch] wasn't going to get anything and it would end up in a hung trial and she still would not get anything.... [Some jurors] had a problem with Ms. Lynch because ... [she] could afford to live beside a doctor.... The statement was made she must have money.... [A]nother juror spoke up and said [Lynch] had a large bank account she doesn't need the money. Another juror spoke up and said, “How do you know? Does she bank with you?” The lady that worked at the bank replied no.

The foreperson also stated in her affidavit, “I did not know we had such bias [ed] jurors until we went into deliberating.... The only thing they were concerned about was Ms. Lynch not getting anything.... I feel Ms. Lynch needs a new trial. The jurors were very much bias[ed].”

The affidavit did not provide the names of the jurors who made these comments. Lynch's attorney reviewed his firm's records and discovered one juror “was the adverse party in domestic litigation in which our firm represented her husband.” Nicholas Lewis, a partner of the firm, submitted an affidavit stating he believed the juror who expressed her “intense dislike for [Lynch]'s counsel” during deliberations was the same juror previously involved in the domestic litigation.

Relying on Lewis's and the foreperson's affidavits, Lynch moved for a new trial based on (1) juror misconduct that affected jury deliberations, and (2) a juror's alleged intentional concealment during voir dire. She also requested the court hold a hearing to take the testimony of jurors regarding both grounds. The court denied the motion, finding the foreperson's affidavit was inadmissible under Rule 606(b), SCRE, and no intentional concealment occurred. The court also denied Lynch's request to take juror testimony.

II. Lynch's New Trial Motion

We review the trial court's decision to deny Lynch's motion for a new trial under an abuse of discretion standard. See State v. Galbreath, 359 S.C. 398, 402, 597 S.E.2d 845, 847 (Ct.App.2004) (providing it is within the trial court's discretion to grant a new trial based on juror misconduct during deliberations or intentional concealment during voir dire); Long v. Norris & Assocs., Ltd., 342 S.C. 561, 568, 538 S.E.2d 5, 9 (Ct.App.2000) (stating “[t]he granting of a new trial based on a juror's failure to honestly respond to the court's voir dire remains within the sound discretion of the trial court”).

A. Juror Misconduct During Deliberations

We first address Lynch's argument that the trial court erred in denying her motion for a new trial due to juror misconduct during deliberations.

“Initially, the trial judge must make a factual determination as to whether juror misconduct has occurred.” State v. Covington, 343 S.C. 157, 163, 539 S.E.2d 67, 70 (Ct.App.2000). The foreperson's affidavit is the only evidence Lynch presented as to what happened inside the jury room, and thus is the only evidence to prove juror misconduct in this case. Because the trial court found the affidavit inadmissible, it found no evidence to support Lynch's motion. We find the trial court acted within its discretion to exclude the foreperson's affidavit. See Fields v. Reg'l Med. Ctr. Orangeburg, 363 S.C. 19, 25, 609 S.E.2d 506, 509 (2005) (stating the admission or exclusion of evidence “is within the sound discretion of the trial court,” and “will not be disturbed on appeal absent an abuse of discretion”).

Under Rule 606(b), SCRE, a juror's testimony or affidavit as to what occurred during deliberations is not admissible to challenge “the validity of the verdict.” However, Rule 606(b) allows the admission of a juror's testimony or affidavit “on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror.” The trial court explained the affidavit did not “give rise to allegations of external misconduct” because it did not allege the jury received evidence or influence from outside sources.

We find there is evidence to support the trial court's determination that none of the information in the foreperson's affidavit is extraneous or relates to outside influence. Regarding the juror's statement that Lynch “had a large bank account [and] she doesn't need the money,” the affidavit indicates the juror made this statement after other jurors remarked Lynch had a “friend which is a doctor's wife,” and “she could afford to live beside a doctor.” Apparently based on these remarks, a juror also stated, “[Lynch] must have money.” The foreperson's affidavit does not indicate that any of this discussion was based on information received outside of the evidence presented at trial. In fact, Lynch testified about her friend who was a doctor, and from that and other testimony, the jury could readily have concluded they lived “beside” each other. Although the affidavit indicates the juror who commented about Lynch's bank account worked at a bank, it also states the juror denied Lynch had an account with that bank. Thus, the record supports the trial court's finding “there was no evidence of any improper outside influence.” See State v. Zeigler, 364 S.C. 94, 110, 610 S.E.2d 859, 867 (Ct.App.2005) ( “Internal influences involve information coming from the jurors themselves.”).

The trial court also correctly ruled the foreperson's statements that the jurors were biased against Lynch were inadmissible under Rule 606(b). See generallyFed.R.Evid. 606(b) advisory committee's note (stating “[t]he mental operations and emotional reactions of jurors in arriving at a given result would, if allowed as a subject of inquiry, place every verdict at the mercy of jurors and invite tampering and harassment”); Rule 606, SCRE note (stating “[t]he language of this rule is identical to the federal rule”). In United States v. Benally, 546 F.3d 1230 (10th Cir.2008), the court discussed whether juror testimony as to statements by other jurors during deliberations regarding bias toward Native Americans should be excluded under Rule 606(b). See546 F.3d at 1235 (describing the argument it addresses as whether juror “testimony concerning racial bias falls outside the ambit of ... Rule [606(b) ]”). The defendant in Benally was a Native American...