Scharfenberger v. Holmes

• Decision Date: 13 November 1974
• Docket Number: No. 7583-B.,7583-B.
• Citation: 384 F. Supp. 1269
• Parties: Elmer Joseph SCHARFENBERGER, Plaintiff, v. Charles J. HOLMES, Commissioner, Bureau of Corrections, et al., Defendants.
• Court: U.S. District Court — Western District of Kentucky

384 F. Supp. 1269

Elmer Joseph SCHARFENBERGER, Plaintiff, v. Charles J. HOLMES, Commissioner, Bureau of Corrections, et al., Defendants.

No. 7583-B.

United States District Court, W. D. Kentucky, Louisville Division.

November 13, 1974.

John Allen Taylor, Louisville, Ky., for plaintiff.

Robert L. Chenowith, Asst. Atty. Gen., James M. Baker, Gen. Counsel, Dept. of Justice, Bruce K. Davis, Bureau of Corrections, Frankfort, Ky., for defendants.

MEMORANDUM; ORDER

BRATCHER, District Judge.

This 1983 action for damages is now before the Court on defendants' motions for judgment n. o. v. and, alternatively, on motions for a new trial pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. Briefs in support of the respective positions of the parties have been submitted on the question of whether or not the verdict returned by the jury awarding plaintiff $15,000.00 against each of the defendants Wingo and Wilson should be set aside by the Court. Motions for directed verdicts by each defendant were timely made and denied by the Court, thus preserving their right to seek post-trial relief.

The factual background of this case is as follows: Plaintiff, Elmer Joseph Scharfenberger, while an inmate at Eddyville State Penitentiary, acquired a quantity of drug known as tetracycline from an inmate friend who worked in the prison pharmacy, and injected this drug into his right arm. This injection was not authorized, prescribed or administered by any medical personnel. According to the testimony of two treating physicians, Drs. Talley and Reeder, plaintiff told them he injected himself with this drug on February 20, 1972.

Soon after the injection, plaintiff's arm began to ache and became numb. Treatment was commenced in the prison infirmary by the late Dr. Max Salb, the prison physician. Subsequently, gangrene developed and it became necessary to amputate plaintiff's arm.

From a great number of allegations and voluminous discovery, the issues were narrowed and an agreed order entered into by the parties through their respective counsel on February 28, 1974, limiting proof at trial to the following questions:

(a) Whether the plaintiff's injury could have been treated successfully and whether said treatment would have reasonably been anticipated to save his arm or any part thereof.

(b) Whether the attending physician made any recommendations for treatment of plaintiff's injury or any recommendations which could reasonably be anticipated to have led to treatment of his injury, any of which any of the joint defendants failed to follow, or, in fact, denied.

(c) Whether any decisions made by any of the joint defendants pertaining to recommendations made by the attending physician resulted in the loss of plaintiff's arm or any part thereof.

These issues were further refined and solidified into two controlling questions as the case went to trial, to-wit:

(1) Whether any physician made recommendations or requests to the prison officials concerning plaintiff's treatment which were refused or disregarded; and

(2) Whether such refusal, if it in fact occurred, resulted in a residual injury to plaintiff which could have been prevented or lessened by more timely attention.

These issues were tried before a jury and the verdict was returned in favor of plaintiff. Now before the Court is defendants' motions to set aside this verdict.

It is clearly within the power of the Court to set aside a jury verdict which is contrary to the clear weight of the evidence. This power is not diminished even in those instances when sufficient evidence exists to preclude a summary judgment or directed verdict. The Court always has a duty to make a final determination, on proper motion, after the evidence is heard and the verdict of the jury returned, whether there has been a miscarriage of justice. See Atlantic and Pacific Stores, Inc. v. Pitts, 283 F.2d 756 (4th Cir., 1960); Hartman v. White Motor Co., 12 F.R.D. 328 (D.C.Mich., 1952). Also within the discretion of the Court is the power to set aside a verdict which is supported by substantial evidence, if in the Court's opinion that verdict is contrary to the clear weight of the evidence in the case. See Hawkins v. Sims, 137 F.2d 66 (4th Cir., 1943); Gaynor v. Atlantic Greyhound Corp., 86 F.Supp. 284 (D.C. Pa., 1949). This Court must, therefore, consider defendants' motions in view of the evidence, keeping in mind that a jury verdict is not to be treated lightly and should be set aside only in those instances when it is contrary to the clear weight of the evidence. In Simblest v. Maynard, 427 F.2d 1 (2nd Cir., 1970), the Court said, "On a motion for judgment n. o. v., the evidence must be viewed in the light most favorable to the party against whom the motion is made and he must be given the benefit of all reasonable inferences which may be drawn in his favor from that evidence". However, the federal standard requires consideration of "all of the evidence — not just that which supports the non-mover's case". Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir., 1969). This Court must, therefore, view all the evidence, give plaintiff every reasonable doubt, and decide, consonant with these standards, whether the weight is sufficient to sustain the verdict of the jury.

With these standards clearly in mind, it is now appropriate to review the pertinent evidence presented at trial.

As was previously stated, treatment was begun in the prison medical facility by Dr. Salb soon after plaintiff's injury and continued there until his removal to the outside facility. It is plaintiff's position that this treatment was insufficient and that his removal was refused or delayed by prison officials contrary to the advice of the treating physician. To support this contention, plaintiff offered into evidence a document designated as an "admission note", purportedly prepared by Dr. Salb. The importance of this document to plaintiff's case cannot be overstated. Its contents form practically the only support for plaintiff's allegations that defendants had been medically advised that plaintiff's condition was serious and that an urgent need existed for his removal to an outside medical facility. This document, however, is of highly questionable authenticity. On its face, alterations of material dates are clearly evident; and in parts of the document, dates are actually omitted. The sentence on which plaintiff relies for his allegation of knowledge on the part of the defendants is not dated, and ascertaining when it was written or to what date it refers seems impossible. This sentence reads as follows:

"At one thirty I notified the warden that the man should be sent to another hospital because we were not equipped to remove his hand or arm."

As is readily apparent, its plain meaning, either express or implied, does not suggest a sense of urgency. Further, neither this statement nor the document is signed by its alleged author, the late Dr. Salb. From this statement standing alone, the jury could not reasonably conclude that defendants refused or delayed in granting their approval for plaintiff's...