Opinion
C.A. No. 02A01-9806-CV-00148.
May 7, 1999.
FROM THE SHELBY COUNTY CIRCUIT COURT, THE HONORABLE KAY S. ROBILIO, JUDGE, No. 76260-5.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
FOR APPELLEES:
WARREN D. McWHIRTER.
FOR APPELLANTS:
JAMES V. BALL.
This appeal involves a suit for personal injuries resulting from an automobile accident. Plaintiffs/appellants, Theola J Littles and the estate of J.T. Littles, appeal the judgments on the jury verdicts that awarded J.T. Littles $760.00 in damages and awarded no damages to plaintiff Theola Littles.
J.T. and Theola Littles initially filed separate lawsuits against the same defendants which were consolidated by court order giving us the present style.
On February 21, 1995, J.T. Littles and his grandson, Theola Littles, were involved in a traffic accident with John Laine (Laine) at the intersection of Summer Avenue and White Station Road in Memphis, Tennessee. At the time, Laine was driving a pickup truck owned by his employer, defendant Union Auto Electric Corporation (Union Auto). Both J.T. and Theola Littles claimed injuries as a result of the accident and sought medical treatment.
The Littles filed suit against Laine and Union Auto for personal injuries alleging common law negligence and violation of numerous city ordinances and state laws on the part of Laine. Defendants admitted liability for the accident but asserted that the plaintiffs had suffered no injuries as a result of the collision. At trial, Theola and J.T. Littles' estate introduced evidence of medical bills in the amount of $3208.00 and $1035.00 respectively. The jury found for both plaintiffs and awarded J.T. Littles' estate $760.00 in damages and awarded Theola Littles no damages.
J.T. Littles died from a cause unrelated to the accident before suit was filed the administratrix of his estate filed this suit in general sessions court. In a rather unusual proceeding, the general sessions case, without a trial and appeal to circuit court, was consolidated for trial with Theola Littles' circuit court case.
The plaintiffs' motions for a new trial were denied, and they timely filed an appeal asking this Court to consider the following issues:
1. Whether the evidence in the instant case preponderates against the jury award of $760.00 for Elmar Penelton, Co-Administratrix of Estate of J.T Littles in that there was uncontroverted testimony that the Plaintiff was injured, that he had introduced medical expenses of $1035.00 and that there was a course of treatment involving pain and suffering and disability to the body until the time of his death two months and one day after the accident.
2. Whether the evidence in the instant case preponderates against the jury award of $0.00 for Theola J. Littles in that there was uncontroverted testimony that the Plaintiff was injured, that he had introduced medical expenses of $3,208.42 and that there was a course of treatment involving pain and suffering and disability to the body.
In personal injury cases, the amount of damages is primarily within the sound discretion of the jury. Transports, Inc. v. Perry , 414 S.W.2d 1,5 (Tenn. 1967). The jury is guided by the rule that the injured plaintiff is "entitled to reasonable compensation for bodily injuries, pain and suffering, disability, loss of earnings and expenses." Brown v. Null , 863 S.W.2d 425, 430 (Tenn. App. 1993). Where, as here, a trial judge has approved a jury's verdict, our standard of review is whether there is any material evidence to support the verdict. T.R.A.P. 13(d). Thus, absent a reversible error of law, we will set aside a judgment on a jury verdict only where the record contains no material evidence to support the verdict. Foster v. Bue , 749 S.W.2d 736, 741 (Tenn 1988).
We first examine the assertion by J.T. Littles' estate that the jury award of $760.00 was inadequate. As previously stated, defendants admitted liability for the accident, and plaintiffs presented proof of medical expenses incurred. The defendants in turn presented proof that J.T. Littles suffered from arthritis and other maladies prior to the accident. Of course, "there is no mathematical rule or formula for computing damages in a negligence case." Brown v. Null , 863 S.W.2d at 429. The law cannot determine any fixed or certain standard for measuring such damages, but must leave the amount of the judgment to the jury guided by the facts and circumstances of the case. Yellow Cab Co. of Nashville v. Pewitt , 44 Tenn. App. 572, 316 S.W.2d 17, 22 (1958).
The job of the jury in assessing damages necessarily requires a determination of the credibility of the witnesses presented at trial. "Such credibility is ordinarily for the jury, and the jury in this case was not bound to accept the medical testimony." Baxter v. Vandenheovel , 686 S.W.2d 908, 912 (Tenn. App. 1984) (citation omitted). The jury in this case has the power to weigh and discount testimony as to damages, and there is material evidence to support the award of $760.00 in damages to J.T Littles' estate. Thus, the judgment on the jury verdict for J.T Littles' estate must be affirmed.
Further, it appears from the facts presented in this case that the jury may have discounted Theola Littles' testimony and found that he suffered from a preexisting injury regarding his wrist and that he suffered no other injuries as a result of the accident. However, this Court has previously stated:
[I]t has been held that a party is entitled to recover reasonable medical expenses for examinations, etc., in an effort to determine if personal injuries were sustained as result of defendants negligence, even though it develops that the party suffered no personal injury. See Comstock v. Ramirez (Tex. Civ. App. 1975) 520 S.W.2d 475; Wise v. Towse (Mo. App. 1963) 366 S.W.2d 506; Loret v. Armour Co. (La. App. 1947) 32 So.2d 55; Whitney v. Akers , 247 F. Supp. 763 (1965). . . . This expense flowed naturally from the tortious act of the defendant and is recoverable even though it be found by the jury that [Plaintiff] in fact suffered no injury.Newsom v. Markus , 588 S.W.2d 883, 887 (Tenn. App. 1979).
Theola Littles testified that he sought medical treatment at the Promedica Clinic the day after the accident for "trouble with [his] neck and back and wrist. . . ." The jury could very well have discounted his testimony as to injuries suffered in the accident; however, Theola Littles is entitled to the reasonable medical expenses required to determine if injuries were sustained Id. There is no material evidence warranting a zero award of damages.
Thus, we find that the jury award of $0.00 to Theola Littles was improper, and the trial court erred in denying his motion for a new trial.
The judgment of the trial court in the J. T. Littles case is affirmed, and the judgment of the trial court in the Theola Littles case is reversed, and the case is remanded to the trial court for a new trial on damages only. Cost of appeal are assessed against the appellees.
________________________________ W. FRANK CRAWFORD, PRESIDING JUDGE, W.S
CONCUR:
________________________________ ALAN E. HIGHERS, JUDGE
________________________________ HOLLY KIRBY LILLARD, JUDGE