Rush v. Scott Specialty Gases, Inc.

• Decision Date: 13 June 1996
• Docket Number: Civil Action No. 95-748.
• Citation: 930 F. Supp. 194
• Parties: Christine RUSH v. SCOTT SPECIALTY GASES, INC.
• Court: U.S. District Court — Eastern District of Pennsylvania

930 F. Supp. 194

Christine RUSH v. SCOTT SPECIALTY GASES, INC.

Civil Action No. 95-748.

United States District Court, E.D. Pennsylvania.

June 13, 1996.

COPYRIGHT MATERIAL OMITTED

Martha Sperling, Silver & Sperling, Doylestown, PA, for Plaintiff.

J. Freedley Hunsicker, Jr., Patricia Proctor, Drinker Biddle & Reath, Philadelphia, PA, for Defendant.

MEMORANDUM

JOYNER, District Judge.

After a two-week trial, a jury awarded Plaintiff Christine Rush a verdict on all but one of her claims against Defendant Scott Specialty Gases, Inc. These claims were based on Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17 (1994) and the Pennsylvania Human Relations Act, 43 Pa.Cons.Stat.Ann. §§ 951-963 (1991) (PHRA). Rush alleged discrimination in training and promotion and a hostile work environment. The jury's verdict awarded $203,000 in lost wages, $1,000,000 in pain and suffering and $3,000,000 in punitive damages. Scott now seeks a judgment as a matter of law pursuant to Fed.R.Civ.P. 50, or a new trial pursuant to Fed.R.Civ.P. 59 or at least an order conditioning denial of this motion on Rush's acceptance of a remittitur pursuant to Fed.R.Civ.P. 59.

The basic factual background of this action was explored in our February 12, 1996 Memorandum and Order denying Scott's motion for summary judgment. See 914 F.Supp. 104 (E.D.Pa.1996). We will not re-state that background here, but we stress that we do not incorporate any of the factual rulings or conclusions from that opinion into this. These two decisions come at very different points in the litigation and this opinion is based solely on the record developed at trial.

Standards of Review

On a motion for judgment as a matter of law, a court must take the evidence in the light most favorable to the verdict winner and determine whether it amounts to a "legally sufficient evidentiary basis for a reasonable jury to find for" the verdict winner. Fed.R.Civ.P. 50(a)(1); Roebuck v. Drexel Univ., 852 F.2d 715, 728 (3d Cir.1988). If it does not, a judgment as a matter of law is appropriate.

Even if a court finds that a judgment as a matter of law is not appropriate, it may still conclude that the weight of the evidence is against the verdict and order a new trial to prevent a miscarriage of justice. Id. at 736. A court may also grant a new trial if the verdict was the result of erroneous jury instructions, was excessive or clearly unsupported by the evidence, or was influenced by extraneous matters such as passion, prejudice, sympathy or speculation. Lightning Lube, Inc. v. Witco Corp., 802 F.Supp. 1180, 1186 (D.N.J.1992), aff'd, 4 F.3d 1153 (3d Cir.1993); Link v. Mercedes-Benz, 788 F.2d 918, 922 (3d Cir.1986).

In the alternative, a court may deny a motion for a new trial on the condition that plaintiff accept a remittitur of the jury verdict. Spence v. Board of Educ., 806 F.2d 1198, 1201 (3d Cir.1986); Marcone v. Penthouse Int'l, Ltd., 577 F.Supp. 318, 335 (E.D.Pa.1983), rev'd on other grounds, 754 F.2d 1072 (3d Cir.), cert. denied, 474 U.S. 864, 106 S.Ct. 182, 88 L.Ed.2d 151 (1985). Some verdicts, however, can be so excessive that they inherently demonstrate passion or prejudice. In those cases, a remittitur cannot be ordered, and a new trial is the only solution. Auster Oil & Gas, Inc. v. Stream, 835 F.2d 597, 603 (5th Cir.1988).

Discussion

1. Motion for Judgment as a Matter of Law

Scott points to a number of evidentiary issues to support its assertion that the evidence does not support the verdict. A careful examination of these issues, however, reveals that this line of argument is based on a very parsed reading of the record. This Court has thoroughly reviewed each area to which Scott points and has looked to the record on each point. After this survey, we conclude that there was a sufficient amount of evidence to support the jury's findings. It is true that much of this evidence was controverted, but that does not affect the point that more than the minimum amount of evidence existed to support Rush's version of the truth. That being said, we deny the Motion for Judgment as a Matter of Law.

2. Motion for a New Trial

Scott contends that even if some evidence supported Rush's story, the weight of the evidence is in its favor and therefore a new trial is appropriate. Based on the careful survey referred to above, we find that, in fact, the weight of the evidence was in Rush's favor and so we deny Scott's motion for a new trial on this basis.

Scott also asserts, however, that several incorrect evidentiary rulings and jury instructions constitute grounds for a new trial. First, we dismiss many of Scott's assertions of evidentiary error, finding that they are based on incorrect readings of the record; for example, that this Court improperly limited testimony when in fact the testimony was permitted. See e.g. Tr., 4/15/96, pp. 68-69; see also Tr., 4/16/96, pp. 144-46. Scott also improperly raises objections to testimony to which it did not object at trial or to which it objected on different grounds. See e.g. Tr., 4/10/96, pp. 210-11; Tr., 4/19/96, p. 63. Finally, Scott has failed to show that it was prejudiced as a result of any of the alleged evidentiary errors. See e.g. Tr., 4/10/96, pp. 126-27.

Scott also seeks a new trial on the ground that several jury instructions were incorrect. We have carefully reviewed each area of alleged error and conclude that the jury charge was proper. When the charge is read as a whole, it is apparent that the areas Scott points to as being misleading or confusing were clear. Further, our review indicates that the charge was accurate based on both the law and the evidence educed at trial.

For all the above reasons, we do not grant a new trial on the basis of judicial error.

3. Damages

Finally, Scott alleges that it is entitled to judgment as a matter of law with respect to damages, or, in the alternative, that a denial of this motion should be conditioned on Rush's acceptance of a remittitur in all areas of damages.

1. Lost Wages

The jury awarded Rush $203,000 in lost wages. Scott maintains that this award is against the weight of the evidence; further, that the amount is based on speculation because this amount equals an award of Rush's full-time salary and future wages for an additional nine years. Based on the evidence that Rush wants to attend college full-time, Scott insists that awarding nine years worth full-time employment was pure speculation. Scott does not consider that benefits are part of the award because Rush was not entitled to benefits as a part-time employee. Finally, Scott points out that Rush's own estimate of her lost wages was only $108,754.75, almost half as much as the jury's award.

As a preliminary matter, Rush objects to this motion with respect to lost wages and compensatory damages because Scott allegedly failed to request a directed verdict on those areas at trial. Fed.R.Civ.P. 50. Apart from that, Rush asserts that her lost wages award is supported by the evidence. She counters Scott's speculation argument by reminding the Court that her argument at trial was that she should be compensated at a full time, Lab Tech II salary, because that is what her status would have been except for the discrimination.

A jury's award for this type of damages need not be precise. Young v. Lukens Steel Co., 881 F.Supp. 962, 976 (E.D.Pa. 1994); Jackson & Coker, Inc. v. Lynam, 840 F.Supp. 1040, 1052 (E.D.Pa.1993), aff'd 31 F.3d 1172 (3d Cir.1994). The award, however, must be based on evidence and cannot be the result of speculation. Id. For that reason, a court cannot overturn a jury's damage award unless "the record `is critically deficient of that minimum quantity of evidence from which a jury might reasonably afford relief.'" Id. (quoting Danny Kresky Enterps. Corp. v. Magid, 716 F.2d 206, 209 (3d Cir.1983)).

This Court cannot enter the jury deliberation room to attempt to determine how the jury arrived at its damage award. We do observe, however, that if the jury gave credence to Rush's evidence, as is likely considering the final verdict, it could have found that Rush was entitled to lost wages from the date she left Scott to the month of trial in the amount of $108,754.75.¹ Further, the jury could have found that Rush was entitled to lost medical insurance to the time of trial in the amount of $8,104.85;² lost life and disability insurance in the amount of $538.56;³ lost profit sharing in the amount of $321.15⁴ and an additional amount for lost pension of approximately $1,000.⁵ In addition, Rush sought damages for lost tuition reimbursement in the amount of $66,557.⁶ These elements of damages total $185,276.31. This number is only $17,723.69 less than the actual damage award; well within the range of the award. This is especially so considering that Rush stressed at trial that the numbers she used for computing her lost wages were conservative.⁷

Because the amount the jury was asked to find was not capable of precise mathematical certainty and because the amount the jury did find was within the range of the evidence presented at trial, we find that the jury's verdict is supported by the weight of the evidence and is not excessive.

2. Compensatory Damages

The jury awarded Rush $1,000,000 in compensatory damages. Scott contends that no evidence exists to support such a large award. It points to Rush's own expert witness's opinion that Rush only suffered from mild to moderate depression, and to her friends' and family's opinions that she was currently performing well in her life. Given this and similar evidence, Scott argues that the jury's award could only have been based on speculation, passion or prejudice. For that reason, Scott seeks either a new trial on this issue or a remittitur.

Again, Rush's position is that there is ample evidence to support the compensatory damage award. She points to testimony from both expert witnesses as well as her family and friends that bolstered her...