Campbell v. Kennedy

Summary

The Alabama Supreme Court affirmed a $3 million jury verdict for injuries sustained when a passenger van collided with a construction motor grader. The court held that conflicting evidence regarding the motor grader's operation, traffic controls, and the plaintiff's conduct supported submitting contributory negligence to the jury. The court also upheld a spoliation-of-evidence jury instruction and declined to disturb the compensatory-damages award.

Holdings

1. The trial court properly denied the defendants' JML motion because conflicting evidence supported different inferences regarding whether Kennedy was justified in crossing the double-yellow line, whether the motor grader was actually engaged in highway work, and whether it displayed required lights or signals. Contributory negligence therefore remained a question for the jury.
2. The trial court properly instructed the jury on spoliation because sufficient evidence supported an inference that the damaged front axle was not preserved after the defendants had been notified of the potential litigation and the axle's importance to Kennedy's investigation. The instruction did not constitute reversible error because it was not prejudicial.
3. The $3,000,000 compensatory-damages verdict was not shown to be flawed, and the trial court properly denied remittitur and a new trial. The Supreme Court would not substitute its judgment for that of the jury based solely on the amount of the award or comparisons to verdicts in other cases.

Questions Presented

1. Whether the trial court erred in denying a JML because Kennedy was contributorily negligent as a matter of law for violating Alabama's Rules of the Road.
2. Whether the trial court committed reversible error by instructing the jury on spoliation of evidence.
3. Whether the $3,000,000 compensatory-damages verdict was excessive and required a remittitur or new trial.

Disposition

affirmed