Dillon v. Frazer

678 S.E.2d 251 (2009)

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Nature of the Case

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Facts

P was injured in an auto accident due to Frazer's (D) admitted negligence. P and D were employed by a Canadian corporation with no facilities or place of business in South Carolina. P and D were in Greenville working for their company staying in a hotel. They were paid 30 minutes per day for the travel time between their hotel and the worksite. D was the only employee authorized to drive the rental car. P sustained injuries in a car accident when d ran a stop sign. P had eight fractured ribs on his right side and two on his left, a fractured sternum, a fractured clavicle, a fractured left thumb, and a punctured lung. He stayed at the hospital for two days. Once back in Canada, P received physical therapy. The remainder of his care was covered by the Canadian Health System, and those costs were not sought in this action. P did not return to work for at least 10 weeks. After the accident, the number of hours he was able to work diminished. D admitted liability. P's hospital care in Greenville amounted to $ 10,518. He claimed $ 320 for EMS transportation to the hospital and $ 1,188 in physical therapy bills. P also contended that he was entitled to $ 509,168 in lost past and future earnings, including $ 101,350 in lost wages from the date of injury to the estimated trial date and $ 407,818 for the post-trial period, based on calculations by P's expert. During deliberations, the jury sent questions to the judge asking whether any compensation had been paid to P by a third party. The jury awarded P $ 6,000 and found for D on the consortium claim by P's wife. P moved for a new trial nisi additur or in the alternative, for a new trial absolute as to damages only. The trial court granted P's motion for additur and increased the damages by $ 15,000, bringing the total amount of damages to $ 21,000. All other motions were denied. P appealed.