Richardson v. Chapman

676 N.E.2d 621 (1997)

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Nature of the Case

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Facts

Richardson (P) was the driver of the car, and Ann McGregor (P1) was a passenger in the vehicle. While stopped at a traffic light, their car was struck from behind by a semi-trailer being driven by Chapman (D). P suffered extensive injuries as a result of the accident and was rendered, quadriplegic. P1 sustained only slight injuries in the accident and has returned to her normal activities. Ps brought the present action against D, Tandem/Carrier (D1), and Rollins (D2). Ps alleged that D2, the lessor, was vicariously liable for D's negligence under an agency theory. D and D1 were sued under common law negligence. The case proceeded to trial on the common law counts against D and D1. The trial judge directed a verdict in favor of the Ps and against Ds on the question of liability. The jury returned verdicts against Ds and in favor of P and P1 in the amounts of $22,358,814 and $102,215, respectively. P was 23 years old at the time of the accident. She received a bachelor's degree in elementary education in May 1987 from Texas Tech University. She participated in a number of athletic activities and was, by all accounts, a popular, happy person. After graduating from college, she obtained a position as a flight attendant with American Airlines. She planned to work in that capacity for several years before returning to school to gain a post-graduate degree in education; her ultimate goal was to teach. P met P1 in the flight attendant training program, and the two decided to room together upon completion of their training. At the conclusion of the program, they were assigned to the Chicago area, and they had moved there just several days before the accident occurred. The jury awarded P a total of $22,358,814 in damages, divided among the following six elements: $258,814 for past medical care; $11,000,000 for future medical care; $900,000 for past and future lost earnings; $3,500,000 for disability; $2,100,000 for disfigurement; and $4,600,000 for pain and suffering. D and D1’s insurance tendered the policy limits to the court, and it was applied $990,000 to P and $10,000 to P1. The court then considered Ps' claims against D2 under the Wisconsin financial responsibility statute, and the judge determined that D2 was liable to the plaintiffs for the portions of the judgments unpaid by D1 and D. The court, therefore, entered judgment against D2 and in favor of P1 for $21,368,814, and judgment against D2 and in favor of P1 for $92,215, representing the unsatisfied portions of their awards. The appellate court affirmed the judgments entered against D and D1 on the Ps' negligence claims against them, as well as the judgments entered against D2 on Ps' statutory claims under the Wisconsin financial responsibility statute. It rejected Ds' challenges to the amounts of damages awarded by the jury. D2 eventually settled with Ps. D and D1 appealed.