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Allen v. Union Pacific Railroad

Citations: 8 Wash. App. 743; 509 P.2d 99; 1973 Wash. App. LEXIS 1501Docket: No. 1525-1

Court: Court of Appeals of Washington; April 16, 1973; Washington; State Appellate Court

Narrative Opinion Summary

In a dispute involving personal injury claims, the plaintiff, a brakeman, filed a lawsuit against his employer, Union Pacific Railroad Company, seeking damages for injuries sustained during employment. The jury awarded the plaintiff $40,000, but the trial court proposed a new trial unless the plaintiff accepted a reduced amount of $27,000, citing disbelief in the jury’s finding of no contributory negligence and deeming the damages excessive. The plaintiff refused the reduction and appealed the decision. The appellate court reviewed the trial court's decision de novo, adhering to the principle that jury verdicts should be upheld unless they are clearly excessive due to passion or prejudice, as outlined in RCW 4.76.030. The appellate court found no evidence that the jury's award was influenced by passion or prejudice, thereby reversing the trial court's conditional order and directing the lower court to enter judgment for the plaintiff in the original amount of $40,000. This decision was concurred by Justices Horowitz and Callow, emphasizing the deference owed to jury assessments in damage awards.

Legal Issues Addressed

Appellate Review and Remittitur

Application: The appellate court reversed the trial court’s conditional order for a new trial or reduced damages, reinstating the jury's original award as not excessive.

Reasoning: Upon reviewing the case in light of relevant Supreme Court decisions, it was concluded that the $40,000 awarded, while high, did not stem from passion or prejudice.

Review of Jury Verdicts for Excessiveness

Application: The appellate court will only overturn a jury's damage award if it is clearly excessive due to passion or prejudice, emphasizing deference to the jury's assessment.

Reasoning: The appellate court will review the trial court’s decision de novo, maintaining a presumption in favor of the jury's verdict, and will only overturn if the original amount is clearly excessive due to passion or prejudice.

Trial Court’s Authority Under RCW 4.76.030

Application: The trial court may only adjust a jury's damage award if it is evident that the amount resulted from passion or prejudice, which was not found in this case.

Reasoning: According to RCW 4.76.030, a trial court can adjust the jury's damage award only if it is evident that the amount resulted from passion or prejudice.