Williams v. Williamson Truck Lines, Inc.

• Decision Date: 11 January 1978
• Citation: 353 So.2d 1172
• Parties: Stephen WILLIAMS and Lugrether Williams v. WILLIAMSON TRUCK LINES, INC. Civ. 1232 and 1232-A.
• Court: Alabama Court of Civil Appeals

Page 1172

353 So.2d 1172

Stephen WILLIAMS and Lugrether Williams v. WILLIAMSON TRUCK LINES, INC.

Civ. 1232 and 1232-A.

Court of Civil Appeals of Alabama.

Jan. 11, 1978.

Hubbard H. Harvey, Demopolis, for appellants.

W. W. Dinning for Lloyd, Dinning & Boggs, Demopolis, for appellee.

WRIGHT, Presiding Judge.

This is an appeal by plaintiffs from the denial of a motion for new trial. The only issue is the inadequacy of the damages awarded.

The cases of Stephen Williams and his wife, Lugrether Williams were consolidated for trial and for appeal. The cases arose out of an automobile accident. After trial the jury returned a verdict in favor of Stephen Williams in the amount of $5,515.59 and one in favor of Mrs. Williams in the amount of $1,224.40. Motion for new trial on the inadequacy of each verdict was denied.

The essence of plaintiffs' argument is that the amounts of the verdicts are precisely the amounts of the proven specials and nothing was awarded for injury and pain and suffering. In Mr. Williams' case the undisputed amount of medical expense was $1,436.59. His testimony was that he lost wages of $2,800.00 and his truck was a total loss and was of the value of $1,200.00. These figures total $5,436.59, only $79.00 less than the verdict of the jury.

Mrs. Williams' medical expenses totaled $1,017.40 including a stated error of $6.00 in the hospital bill. She stated she lost $207.00 in wages before she was able to return to work. The total of these figures is $1,224.40, the exact amount of the verdict in her case.

Plaintiffs submit that verdicts in these amounts require the conclusion that damages were awarded only for medical and earnings loss with no award for the permanent impairment nor for pain and suffering.

Defendant suggests that though the amounts of the medical bills were undisputed, there was conflict in the evidence as to whether Mr. Williams lost wages and whether his valuation of his truck was correct. The contended conflict as to loss of wages really was as to whether he was employed. Mr. Williams stated he was employed as a janitor at a salary of $200 per month when injured and he was unable to perform such work afterward. Defendant presented a witness who knew Williams and had been in close contact with him for several years. The witness stated that so far as he knew Williams was not employed other than on his small farm. However the witness admitted the possibility that he could have been employed without his knowledge.

Defendant further contends conflict in the testimony as to the truck. Williams stated the model year to be 1969 with a value of $1,200. The highway patrolman who investigated the accident stated the model year of the truck was 1965.

It is suggested by defendant that the jury, after consideration of the evidence, could have determined that Williams was not employed and had suffered no loss of wages, and that the jury could have determined that the truck was a 1965 model and not worth the $1,200 set by plaintiff as the value of a 1969 model. If it made one or both of these determinations, the verdict could include an award for pain and suffering and for permanent injury.

It has been stated that the verdict of a jury is clothed with a presumption of correctness and such presumption is strengthened by a denial of a motion for new trial. Prescott v. Martin, 331 So.2d 240 (Ala.1976). It has further been the rule in this state since Cobb v. Malone & Collins, 92 Ala. 630, 9 So. 738 (1890) that such presumptions are considered when a jury award is challenged on the ground of inadequacy of damages and the reviewing court will reverse only if the preponderance of the evidence against the verdict is so great as to convince the court that it is wrong and unjust. Grayson v. Alexander, 347 So.2d 108 (Ala.Civ.App.1977).

In applying the rule of Cobb v. Malone & Collins, supra, various views have been expressed. One test applied has been whether the verdict gives substantial compensation for substantial injury. Walker v. Henderson, 275 Ala. 541, 156 So.2d 633 (1963); Yarbrough v. Mallory, 225 Ala. 579, 144 So. 447 (1932). A second test is whether the verdict is enough to compensate for proven expenses. Alabama G. S. RR. v. Randle, 215 Ala. 535, 112 So. 112 (1927). Another test is whether after covering proven expenses the verdict compensates for proven pain and suffering. King v. Sturgis, 45 Ala.App. 553, 233 So.2d 495 (1970).

These tests are easily applied, where the evidence is without conflict and is documented; however, when some of the evidence is opinion and only one opinion, there arises the question of what latitude the jury has in weighing such evidence. It has been said that opinion evidence, even of experts and without conflict, is not conclusive upon the jury. O'Neill v. City of Birmingham, 221 Ala. 580, 130 So. 87 (1930).

"It is the duty of the jury to duly weigh and consider all evidence offered in the cause, but if upon due consideration they are not impressed with the expert evidence, which is not...