 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Clark v. South Carolina Department of Public Safety11/12/2002
neficiaries must be estimated by the jury in the exercise of their sound judgment under all the facts and circumstances of the case."
In Knoke v. South Carolina Department of Parks, Recreation and Tourism, the court concluded a wrongful death verdict of $3.0 million for the death of a twelve-year-old child was not an excessive verdict. The court stated: "Although there was no evidence of pecuniary loss introduced at trial, both parents testified to their grief, shock, and sense of loss. In the absence of pecuniary loss, the $3,000,000 verdict was to compensate Jeremy's parents for these intangible damages which, as previously noted by this Court, cannot be determined by any fixed measure."
Given the nature of the loss endured by Clark, and the necessarily non-pecuniary elements involved, we are not persuaded the verdict was the result of passion or other improper motive, nor is it so excessive as to shock the conscience. Consequently, we hold the trial court did not abuse its discretion in declining to grant a new trial. VI. More Detailed Order
The Department finally alleges " he trial court erred in refusing to issue an order setting forth in reasonable detail the legal analysis supporting its denial of post-trial motions."
Citing Bowen v. Lee Process Systems Co., the Department states it is "rais this issue in the event this Court finds that it cannot properly review the denial of the post-trial motions without knowing the trial court's reasoning for its rulings."
In Bowen, the trial court granted summary judgment to the defendants, but failed to state on which of several asserted grounds it was relying. We vacated the grant of summary judgment and remanded the case to the trial court to enter an order identifying the material facts it found undisputed and the grounds for its decision as they were not discernable on appeal.
We conclude Bowen is distinguishable from the current appeal. The trial court's order denying the Department's post-trial motions is sufficient as the court's reasoning for the denial can be determined from the record on appeal. Further, there is no blanket requirement that the trial court set forth a separate explanation on all of its rulings on post-trial motions.
Page 1 2 3 4 5 6 7 South Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|