Woodbury v. Nichols

• Decision Date: 13 September 1990
• Docket Number: No. 89-257,89-257
• Citation: 797 P.2d 556
• Parties: Charles T. WOODBURY, as personal representative of Michael J. Woodbury, deceased, and as administrator of the Estate of Michael J. Woodbury, deceased, and on behalf of Charles T. Woodbury, individually, Nancy Grosshart, and on behalf of Charles T. Woodbury, as guardian and guardian ad litem of Joshua R. Woodbury, a minor, Appellant (Plaintiff), v. Thomas NICHOLS, Appellee (Defendant).
• Court: Wyoming Supreme Court

Page 556

797 P.2d 556

Charles T. WOODBURY, as personal representative of Michael J. Woodbury, deceased, and as administrator of the Estate of Michael J. Woodbury, deceased, and on behalf of Charles T. Woodbury, individually, Nancy Grosshart, and on behalf of Charles T. Woodbury, as guardian and guardian ad litem of Joshua R. Woodbury, a minor, Appellant (Plaintiff), v. Thomas NICHOLS, Appellee (Defendant).

No. 89-257.

Supreme Court of Wyoming.

Sept. 13, 1990.

Daniel M. Hesse (argued) of Meyer & Williams, Jackson, for appellant.

Ford T. Bussart (argued), of Greenhalgh, Bussart, West & Rossetti, Rock Springs, and Lisa A. Botham, Green River, for appellee.

Before CARDINE, C.J. ^* , and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

CARDINE, Justice.

Charles T. Woodbury (father), Nancy Grosshart (mother), and Joshua R. Woodbury (brother), appellants (Woodburys), sued Thomas Nichols to recover damages for the wrongful death of Michael J. Woodbury. The jury found Thomas Nichols, appellee (Nichols), 55 percent negligent in causing the death of Michael J. Woodbury. However, the jury found that the Woodbury damages were $0.00 (zero). The Woodburys challenge the verdict and the judgment entered thereon asserting that such damages are inadequate as a matter of law. The Woodburys also contend they were entitled to a directed verdict on the issue of whether Nichols' negligence was willful and wanton as a matter of law.

We affirm.

Woodburys present these issues:

"If the great weight of evidence shows appellee's willful and wanton misconduct was the proximate cause of appellants' decedent's death, and that appellants suffered damages thereby, is an award of zero damages inadequate as a matter of law?

"If reasonable minds could not differ, and if but one inference could be drawn from the evidence regarding appellee's willful and wanton misconduct, were appellants entitled to a directed verdict on that issue?"

Nichols argues in counterpoint that the jury's award of zero damages is adequately supported by the evidence and that the district court properly denied the Woodburys' motion for a directed verdict on the issue of his willful and wanton negligence.

Michael Woodbury, 18 years old at the time, was killed in this tragic one-car accident on the night of February 16-17, 1987. He and his friend Thomas Nichols, who was 19 years old, began drinking beer, peppermint schnapps and whiskey at about 8:30 p.m. the evening of the accident. At about 11:00 p.m., the boys decided to go for a ride in Michael Woodbury's car. Michael gave the keys to Nichols and suggested that he drive. Nichols drove the car up a dirt lane to U.S. Highway 30. Once on the highway, he was driving the car at a speed which may have been as high as 134 miles per hour. The drive did not last long. Nichols lost control of the car at about 11:10 p.m. It went off the roadway; skidded across a county road, shearing off a stop sign; went back onto the roadway for a short distance and then back into the ditch; and rolled one and one-half times, finally coming to rest on its roof against the highway right-of-way fence approximately 1,000 feet from the point where the car first went off the roadway. Nichols was not seriously injured in the accident, but Michael was trapped in the car upside down and his neck was broken by the impact. The highway patrolman who investigated the accident ascertained immediately that his injuries were very serious. Michael was removed from the car by firemen. EMT's were at the scene very shortly after the accident. Michael was pronounced dead several hours later at an Evanston hospital.

The Woodburys sought damages for the loss of companionship, society and comfort both past (from the occurrence of his death until the date of trial) and future for the wrongful death of Michael Woodbury. The jury found that neither boy had been willfully and wantonly negligent, but that both had been negligent, attributing 55% of the negligence to Nichols and 45% to Michael Woodbury, and that the three plaintiffs had sustained zero damages. Woodburys contend here that the damage award is unconscionable and is inadequate as a matter of law.

The assessment of damages is an issue for jury determination when a case is tried to a jury. We, therefore, begin our analysis with our standard for reviewing fact findings of a jury:

"We assume the evidence in favor of the successful party to be true, leaving out of consideration entirely the evidence in conflict, and assigning every favorable inference to the evidence of the successful party that can be reasonably and fairly drawn from it. In addition, when reviewing a jury verdict, we leave to the jury the duty of ascertaining the facts, reconciling conflicts therein and drawing its own inferences if more than one inference is permissible. Also, when the facts permit the drawing of more than one inference, then it is for the jury to choose which one will be utilized and, if supported by substantial evidence, the jury's choice will be held by us to be conclusive." Reese v. Dow Chemical Co., 728 P.2d 1118, 1120 (Wyo.1986) (quoting from Crown Cork & Seal Co., Inc. v. Admiral Beverage Corp., 638 P.2d 1272, 1274-75 (Wyo.1982)).

The Reese case deals with an issue quite similar to that in this case. In Reese, the plaintiff sought damages for wrongful termination of his employment. The jury found that Dow Chemical was negligent in performing a contractual duty and attributed 60% of the negligence to Dow Chemical and 40% of it to Reese. However, the jury found that Reese's damages were zero. In that case, we were able to reconcile the jury's findings and held that the evidence was sufficient to support the jury's determination. See also Canyon View Ranch v. Basin Electric Power Corp., 628 P.2d 530, 541 (Wyo.1981). We note that the proposition contended by Woodburys is not without support in the case law and commentaries. Carter v. Chicago & Illinois Midland Railway, 168 Ill.App.3d 652,...