Court: Supreme Court of Arkansas; March 18, 1974; Arkansas; State Supreme Court
Conley Byrd, Justice, addresses a case stemming from a rear-end automobile collision, where a jury awarded damages of $50,000 to Carious H. Morgan and $5,000 to Geraldine G. Morgan for loss of consortium. The appellants, Arkansas Louisiana Gas Company and Mickey Garrett, seek a reversal on two grounds.
First, they argue for a mistrial due to the presence of juror Archie Lee McGehee, who signed the verdict with an 'X' and was found to be illiterate. Despite this, the trial court determined McGehee was qualified as he was a registered voter and employed by the Arkansas State Highway Commission. The court noted it had previously found him a suitable juror and would continue to use him unless challenged. The appellants did not question McGehee's literacy during voir dire. The court ruled that the inability to read and write does not disqualify a juror if the judge waives this requirement, per Ark. Stat. Ann. 39-102(d) and 39-106.
Second, the appellants contend the jury's verdict is excessive. Carious H. Morgan, 51 at the time of the collision, was a trained welder and had worked for Life Casualty Insurance Company for over 11 years, experiencing a drop in income from $10,800 in 1971 to about $8,800 in 1972 due to injuries sustained in the accident. His wife stopped working to assist him, as her income was supplementary. The trial included testimony supporting the impact of the injuries on their lives.
Dr. Howard conducted X-rays on Mr. Morgan and referred him to Dr. Elvin Shuffield, who identified significant degeneration in Mr. Morgan's cervical spine and noted nerve root pressure on the left ulnar nerve. Dr. Shuffield suggested that the recent injury exacerbated pre-existing neck issues, predicting ongoing pain, especially in awkward positions or during weather changes. He assessed Mr. Morgan with a 10 percent permanent partial disability. Testimony from Mr. and Mrs. Morgan indicated that prior to the accident, Mr. Morgan was active in various physical tasks and worked late hours. Post-accident, he experienced chronic pain, described as severe, and had noticeable changes in his behavior and capabilities, including numbness in his left hand. While appellants argued that the $50,000 verdict for Mr. Morgan was excessive due to relatively low medical expenses and lost earnings, they failed to consider the value of his lost contributions to household tasks and the pain endured. The court upheld the verdict as not excessive, and also confirmed a $5,000 verdict for Mrs. Morgan, recognizing her increased responsibilities due to her husband’s injuries. The decision was affirmed.
