In this civil action arising from a motor vehicle accident, Thomas and Gloria Shergold sued Norman Hart, IV and Norman Hart, III, alleging that Thomas Shergold suffered serious injuries caused by the younger Hart’s negligence. A jury returned a verdict in the Shergolds’ favor and awarded them over $2.1 million in compensatory damages. The Harts appeal the denial of their motion for judgment notwithstanding the verdict j.n.o.v. or, in the alternative, for new trial, arguing that the jury’s damages award was based on speculation and that the trial court erred in failing to give several requested jury charges. The Harts further contend that the damages award was so excessive as to be against the preponderance of the evidence. For the reasons set forth below, we affirm. Construed in favor of the jury’s verdict, see Surles v. Cornell Corrections of California ,1 the record shows that on the afternoon of June 28, 2006, 17-year-old Norman Hart, IV, was driving home from his summer job when he momentarily fell asleep at the wheel. As a result, Hart’s automobile crossed over the center line of the two-lane road into oncoming traffic and collided with Thomas Shergold’s motorcycle. The force of the collision threw Shergold from his motorcycle into an embankment off the shoulder of the road. Shergold was flown by helicopter to the hospital where he was treated for multiple fractures and a serious injury to his left leg, which was so badly damaged that it ultimately had to be amputated just below the knee.
Shergold sued Norman Hart, IV and his father, Norman Hart, III, under the Family Purpose Doctrine,2 alleging that he suffered serious injuries as a result of the younger Hart’s negligence. He later amended his complaint to add his wife as a plaintiff and to add a claim for her loss of consortium. He did not seek punitive damages. At trial, Shergold testified regarding the accident and the treatment of his injuries, including the amputation of his left leg and his consequent use of a prosthetic limb. He also proffered his medical bills, which totaled $653,165. In addition, the surgeon, who performed the amputation and also treated several of Shergold’s other injuries, testified via deposition regarding the treatment of Shergold, which included six separate surgeries. The surgeon also testified as to the future medical expenses that the 51 year-old Shergold would likely incur, including at least three surgeries and replacing parts for his prosthesis every three years for the rest of his life, which was estimated to be approximately 25 more years.
