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Keywords

damagesattorneydiscoveryappealtrialverdictmotionwill
damagesdiscoveryappealtrialverdictmotionwill

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Allied Concrete Co. v. Lester, 285 Va. 295, 736 S.E.2d 699

Facts

Isaiah Lester was driving his wife, Jessica, when they were involved in a collision with a loaded concrete truck driven by William Donald Sprouse, an employee of Allied Concrete. The accident resulted in Jessica's fatal injuries, leading Lester to file a wrongful death claim against Allied Concrete and Sprouse. During the trial, Lester was awarded $6,227,000 for wrongful death and $2,350,000 for personal injuries, while Jessica's parents were awarded $1,000,000 each. Post-trial, Allied Concrete alleged misconduct by Lester and his attorney regarding evidence related to Lester's Facebook account, leading to a remittitur of damages by the trial court.

On June 21, 2007, Isaiah Lester (“Lester”) was driving his wife, Jessica, to work, traveling west on the Thomas Jefferson Parkway in Albemarle County, Virginia. At the same time, William Donald Sprouse (“Sprouse”), an employee of Allied Concrete Company (“Allied Concrete”), was operating a loaded concrete truck and traveling east on the Thomas Jefferson Parkway. Due to his speed, Sprouse lost control of his vehicle, causing it to cross the center line and tip over, landing on the vehicle occupied by Lester and Jessica. As a result Jessica suffered injuries that ultimately proved to be fatal. Sprouse subsequently pled guilty to manslaughter in the death of Jessica.

Issue

Did the trial court err in denying Allied Concrete's motion for a new trial based on alleged misconduct, and was the remittitur of damages awarded to Lester an abuse of discretion?

Did the trial court err in denying Allied Concrete's motion for a new trial based on alleged misconduct, and was the remittitur of damages awarded to Lester an abuse of discretion?

Rule

A trial court has broad discretion in determining appropriate sanctions for discovery violations, and a jury's verdict may be set aside if it is so excessive as to shock the conscience or suggest bias.

A trial court has broad discretion in determining appropriate sanctions for discovery violations, and a jury's verdict may be set aside if it is so excessive as to shock the conscience or suggest bias.

Analysis

The Supreme Court found that the trial court had not abused its discretion in denying a new trial for Allied Concrete, as it had taken steps to mitigate any potential prejudice from the alleged misconduct. However, the court determined that the trial court's remittitur of Lester's damages was improper, as it failed to adequately consider the unique nature of Lester's relationship with his wife compared to that of her parents, and it improperly compared damage awards.

The Supreme Court found that the trial court had not abused its discretion in denying a new trial for Allied Concrete, as it had taken steps to mitigate any potential prejudice from the alleged misconduct. However, the court determined that the trial court's remittitur of Lester's damages was improper, as it failed to adequately consider the unique nature of Lester's relationship with his wife compared to that of her parents, and it improperly compared damage awards.

Conclusion

The Supreme Court affirmed the trial court's denial of a new trial for Allied Concrete but reversed the remittitur of damages, reinstating the jury's original award to Lester.

The Supreme Court affirmed the trial court's denial of a new trial for Allied Concrete but reversed the remittitur of damages, reinstating the jury's original award to Lester.

Who won?

Isaiah Lester prevailed in the appeal regarding the remittitur of damages, as the Supreme Court found that the trial court had abused its discretion in reducing the jury's award.

Isaiah Lester prevailed in the appeal regarding the remittitur of damages, as the Supreme Court found that the trial court had abused its discretion in reducing the jury's award.

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