Sheats v. Bowen, Civ. A. No. 3675.

• Decision Date: 22 October 1970
• Docket Number: Civ. A. No. 3675.
• Citation: 318 F. Supp. 640
• Parties: Sharyn M. SHEATS, P. Lloyd Sheats and Catherine T. Sheats, Administratrix of the Estate of John M. Sheats, Plaintiffs, v. Robert Ellis BOWEN and the Bradford National Bank of Bradford, Pennsylvania, Executor of the Estate of Oscar Hannum, Defendants.
• Court: U.S. District Court — District of Delaware

318 F. Supp. 640

Sharyn M. SHEATS, P. Lloyd Sheats and Catherine T. Sheats, Administratrix of the Estate of John M. Sheats, Plaintiffs, v. Robert Ellis BOWEN and the Bradford National Bank of Bradford, Pennsylvania, Executor of the Estate of Oscar Hannum, Defendants.

Civ. A. No. 3675.

United States District Court, D. Delaware.

October 22, 1970.

L. Vincent Ramunno and Joseph T. Walsh, Wilmington, for plaintiffs.

James F. Kipp of Becker, Kipp & Reardon, Wilmington, for defendants.

OPINION

LATCHUM, District Judge.

Defendants have moved for a new trial generally or for orders of remittitur¹ on the grounds that the jury verdicts returned on the compensatory claims of two of the plaintiffs were contrary to the evidence and excessive, that the amounts awarded on the punitive damage claims were disproportionate to the awards for compensatory damages, and that the Court erred in refusing to strike the husband's claim for punitive damages for his loss of consortium.

This diversity action² for personal injuries, loss of consortium and wrongful death arose out of an automobile accident which occurred on July 29, 1967 on U. S. Route 13 just south of Felton, Delaware.

The accident occurred when the automobile being driven by defendant, Robert Ellis Bowen ("Bowen"), and owned by Dr. Oscar Hannum ("Hannum"), crossed the median strip from the northbound lanes of U. S. Route 13, a four lane divided highway, and struck almost head-on the automobile being driven in the inside southbound lane by plaintiff, P. Lloyd Sheats ("Lloyd") in which Sharyn Sheats ("Sharyn"), his wife, and John M. Sheats ("John"), his brother, were passengers. As a result of the collision John was killed and Sharyn was severely injured.

Defendant Bowen testified that he had been employed by Hannum, an 85 year old retired physician from Bradford, Pennsylvania, as a handyman at a rooming house which the doctor operated in St. Petersburg, Florida. (Tr. 244).³ Because of lack of renters, Hannum decided to close the house for the summer and return to Pennsylvania. Needing someone to act as his chauffeur Hannum called on Bowen. (Tr. 245).

On Friday, July 28, 1967, Bowen and Hannum left St. Petersburg at seven o'clock in the morning. (Tr. 95). With the exception of a fifty mile stretch Bowen drove the entire distance to Florence, South Carolina, arriving there about dark. (Tr. 96). After about seven hours of sleep (Tr. 246) Bowen and Hannum resumed their trip around seven o'clock the next morning. (Tr. 96). Bowen admitted that he was tired when they started out Saturday morning. (Tr. 248).

With only a short break for lunch, Bowen drove all the way to a motel at the north end of the Chesapeake Bay Bridge Tunnel, arriving there about 4:30 or 5:00 in the afternoon. (Tr. 101-102; 105; 249). However, being eager to arrive in Dover, Delaware by nightfall, Hannum refused to stop for the night at the motel and insisted that Bowen drive on (Tr. 103), despite the fact that Bowen was, as he put it, "so tired that I was ready to keel over." (Tr. 250). No stops were made before the accident occurred. (Tr. 104). In spite of Bowen begging Hannum to stop and spend the night at one of the motels along the highway, Hannum insisted that they continue to Dover. (Tr. 252).

At a point just south of Felton, Delaware, about 142 miles from the north end of the Chesapeake Bay Bridge Tunnel (Tr. 43), the accident occurred. The automobile being driven by Bowen diagonally crossed the grass median strip of the four lane dual highway (Tr. 13-15) and collided with the right front of the Sheats automobile, causing heavy damage to both vehicles. (Tr. 17).⁴ Both Bowen and Hannum were seriously injured. (Tr. 18). Sharyn suffered a fractured arm, fractured pelvis, dislocated elbow, and severe cuts on her thigh and ankle. (Tr. 133-137). John was killed in the accident. (Tr. 16, 55).

This action was commenced on February 28, 1969 against Bowen and the Bradford National Bank of Bradford, Pennsylvania, executor of the estate of Oscar Hannum, who had died prior to the filing of this action. Sharyn Sheats sought damages for her personal injuries and loss of wages. Lloyd sought damages for his loss of consortium caused by his wife's injuries and for medical expenses incurred to effect a cure of his wife. Catherine T. Sheats, as administratrix, sued to recover damages for the wrongful death of John.

After a jury trial, held on March 9 and 10, 1970, the jury returned a verdict of $60,000.00 compensatory and $20,000.00 punitive damages for Sharyn Sheats, a verdict of $7,500.00 compensatory and $12,500.00 punitive damages for P. Lloyd Sheats, and determined that John M. Sheats would have left an estate of $800,000.00 which should be discounted at a rate of 4.0 per cent.⁵ The parties had stipulated prior to trial that John's life expectancy was 56 years.

On March 16, 1970 the present motion was filed. The motion was thereafter briefed and argued on September 29, 1970.

It is well established that the granting or denying of a motion for new trial rests in the sound discretion of the trial court, especially where the ground alleged is that the verdict was against the weight of the evidence, that the amount of damages awarded was excessive or that the trial was unfair to the moving party. Montgomery Ward and Co. v. Duncan, 311 U.S. 243, 251, 61 S.Ct. 189, 85 L.Ed. 147 (1940); Bowers v. Pennsylvania R.R. Co., 182 F.Supp. 756 (D.Del.1960), aff'd 281 F.2d 953 (C.A.3, 1960); Eastern Air Lines, Inc. v. United States, 110 F.Supp. 499 (D.Del.1953). Where there is sufficient evidence upon which a jury could have returned a verdict for either party, the verdict will not be set aside and a new trial granted. Hollett v. Dundee, Inc., 272 F.Supp. 1 (D.Del.1967). For a new trial to be granted "the verdict must be manifestly and palpably against the evidence in the case." Weed v. Lyons Petroleum Co., 294 F. 725, 733 (D.Del.1923), aff'd 300 F. 1005 (C.A.3, 1924). It is not proper for the trial judge to substitute his opinion for that of the jury by granting a motion for a new trial. Lind v. Schenley Industries, Inc., 278 F.2d 79 (C.A.3, 1960), cert. den. 364 U.S. 835, 81 S.Ct. 58, 5 L.Ed.2d 60 (1960).

In considering whether the jury verdicts are against the clear weight of the evidence and the damages are excessive, this Court may reweigh the evidence, but it should not exercise its discretion to grant a new trial unless the amounts of the verdicts shock the judicial conscience of the Court. Nowland v. Shoe Corporation of America, 47 F.R.D. 6 (D.Del.1969).

Compensatory Damages Of Sharyn Sheats

An extensive amount of evidence was presented with respect to the damages sustained by Sharyn Sheats. Dr. James M. Chase, Jr., who first saw Sharyn in the hospital emergency room where she was taken after the accident, testified that she suffered a fractured pelvis, fractured upper arm, dislocated elbow joint, and wounds of the elbow, thigh, and ankle. (Tr. 131). She also underwent a two hour emergency operation on her elbow. (Tr. 133). Sharyn testified that she was in pain from the time of the accident until after reaching the hospital. (Tr. 67).

As a result of the injuries Sharyn spent twenty-eight days in the hospital. (Tr. 29, 139). During that time she experienced severe pain. (Tr. 69-70). For an additional month after her release from the hospital she had to be cared for by her mother-in-law. (Tr. 30). Sharyn was required to wear a cast on her arm for almost two months and to use a sling for another month. (Tr. 140-141). During the month at her mother-in-law's home her pain continued. (Tr. 70, 44). For some time after the accident therapy was necessary. (Tr. 46, 141-2).

As a consequence of the accident Sharyn was out of work until January of 1968. (Tr. 46). She testified that she lost twenty-three weeks of work (Tr. 72) and that her wages were $82.00 per week. (Tr. 64). Her total loss in wages amounted to $1,886.00.⁶

Sharyn sustained certain permanent disabilities. Her treating physician, Dr. Chase, testified that, based upon a standard guide recognized by the medical profession, there was a 45 per cent permanent disability in the upper extremity and 20 per cent in the individual as a whole. (Tr. 144). Expert medical witnesses testifying for the defense placed permanent disability in the individual as a whole at about 15 per cent.⁷ As a result of her injuries Sharyn was unable to bowl, a sport she had enjoyed prior to the accident. (Tr. 78, 47). In addition she was left with obvious scars on her arm and leg and the leg scar has been a continuing source of embarrassment when wearing a bathing suit. (Tr. 75-77, 48). Some pain and discomfort has continued since the accident. (Tr. 77-78, 52).

In light of the evidence adduced this Court is unable to hold that an award of $60,000.00 for the injuries and disabilities described shocks the conscience of the Court, is contrary to the evidence or is grossly excessive. Therefore, defendants' motion for new trial or remittitur will be denied as to the compensatory damages awarded for the personal injuries and wage loss claims of Sharyn Sheats.

Compensatory Damages For Wrongful Death Claim

The defendants' motion for a new trial or remittitur in the action brought for the wrongful death of John M. Sheats is based upon alleged misconduct or miscalculations made by the plaintiffs' expert witness, Dr. Francis Tannian, an economist and associate professor at the University of Delaware. Dr. Tannian testified that the "simple average savings" was "on an annual basis in the United States now around 18 percent." (Tr. 203). For this figure he cited the Federal Reserve Bulletin of February 1970. Dr. Tannian actually used what he termed a "conservative" figure of 15 per cent in his calculations. (Tr. 203-206). The defendants cite page A69 of the February 1970 Federal Reserve Bulletin and call attention to the fact that a comparison of the "personal income" figure with the ...