Ford v. Uniroyal Goodrich Tire Co.
Ford v. Uniroyal Goodrich Tire Co.
Opinion of the Court
Franklin Ford III, and his parents filed separate products liability actions against Uniroyal Goodrich Tire Company and NTW for injuries received when a car hit their stalled van on an interstate highway. The trial court ordered the two actions to begin on the same day with separate juries empaneled for each case to hear all common evidence. Although both juries found Uniroyal liable and awarded compensatory damages, only the jury in Franklin Ford’s case found Uniroyal liable for punitive damages. The trial court instructed that jury that 75 percent of any punitive damages award would be paid into the state treasury and the jury returned a substantial verdict. The Court of Appeals reversed in both actions and ordered a new trial on several grounds.
We granted the writ of certiorari to consider: (1) whether parties who do not agree to consolidation of related cases may be required to try the cases together before separate juries, and (2) whether the requirement in OCGA § 51-12-5.1 that 75 percent of punitive damages awards be paid to the state is a proper subject for a jury instruction. On the first issue, we hold that OCGA § 9-11-42 (a) applies to simultaneous proceedings before separate juries in the same courtroom because a dual jury trial has many attributes of a consolidated action or joint trial. On the second issue, we hold that the jury instruction was improper because the distribution of a punitive damages award injects prejudicial issues that are irrelevant to the purpose of punitive damages. We conclude that the trial court committed reversible error in ordering a dual jury trial without the consent of the parties and in giving the prejudicial 75 percent charge on punitive damages.
Procedural History
Prior to trial, Uniroyal moved to consolidate the two actions under OCGA § 9-11-42 (a), but the plaintiffs opposed the motion. The
The statutory law of Georgia provides that in a tort case in which the cause of action arises from product liability, seventy-five percent of any amount awarded as punitive damages, less a proportionate part of the cost of litigation, including reasonable attorneys’ fees, shall be paid into the treasury of the state.
The jury returned a verdict of $25 million in punitive damages. The parties appealed.
The Court of Appeals issued a fractured decision in which six of the eight participating judges wrote an opinion. A majority reversed on the grounds that the trial court erred in allowing evidence of recall notices of other tires and an internal Uniroyal study and in giving jury charges on breach of warranty and the distribution of punitive damages. Among the remaining issues affirmed was the order mandating a dual jury trial. Although all eight participating judges agreed that the trial court erred in combining the separate actions for joint proceedings over Uniroyal’s’ objections, only four judges found the error was harmful.
1. The Georgia Civil Practice Act provides for joint trials and consolidation of actions. OCGA § 9-11-42 (a) states:
Consolidation. When actions involving a common question of law or fact are pending before the court, if the parties consent, the court may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Black’s Law Dictionary defines “consolidation” as the act of “uniting several actions into one trial and judgment. . . where all the actions are between the same parties, pending in the same court, and involving substantially the same subject-matter, issues, and defenses.”
Although we conclude that the trial court in this case ordered neither a consolidated action nor a joint trial, it mandated a procedure that has attributes similar to both. Like a consolidated action, the Fords’ actions were pending in the same court and involved substantially the same subject-matter, issues, and defenses. Like a joint trial, this case had two plaintiffs whose claims were tried within the framework of one trial. The primary disparity between the procedures specified in section 42 (a) and the dual jury trial is that two juries, rather than one, rendered the verdicts.
This distinction is insufficient to preclude section 42 (a) from governing the procedure employed here. First, the trial court ordered the dual jury trial as an alternative to consolidation after the plaintiffs refused to consent to a joint trial. Second, the trial court employed the same rationale — efficient judicial administration — that supports the consolidation of actions or issues. Third, both trial courts and litigants would be able to contravene legislative intent and the consent requirement of section 42 (a) if we ruled that the section did not apply to the dual jury procedure. Instead, we hold that section 42 (a) applies to the dual jury trial and other procedures that combine separate actions in joint court proceedings.
2. Although patterned after the federal rule, the state provision
The legislative history of House Bill 6, which became the Civil Practice Act of 1966, shows that the General Assembly adopted the consent requirement despite opposition from the Senate. As originally introduced and approved by the House of Representatives, section 42 (a) required the consent of the parties, but the Senate amended the bill by deleting the requirement.
In this case, Uniroyal opposed the dual jury trial. Since the trial court ordered the procedure without the consent of all the parties, it violated OCGA § 9-11-42 (a). When the statutory rights of a party are violated, the law presumes injury.
3. In reversing, we note that the requirement of party consent in section 42 (a) conflicts with the general intent of the consolidation rule. “That objective is to give the court broad discretion to decide how cases on its docket are to be tried so that the business of the
Punitive Damages Award
4. As part of the Tort Reform Act of 1987, the Georgia General Assembly enacted a new Code section on punitive damages. The purpose of punitive damages is “to punish, penalize, or deter” a defendant.
In rejecting a constitutional challenge to the 75 percent allocation provision, we discussed at length the General Assembly’s intent in enacting the provision.
Relying on this analysis, we hold that instructing the Franklin Ford jury about the distribution of the punitive damages award was error.
5. In concluding that a jury instruction based on a similar statute was reversible error, the Supreme Court of Oregon identified two problems that arise from informing the jury about the distribution of
We reject the argument that Uniroyal invited the error by its opening statement and closing argument on punitive damages. After the jury awarded $17 million in compensatory damages to Franklin Ford, Uniroyal’s attorney argued that there was no need to punish or deter the company beyond the “substantial penalty” imposed by the verdict. Although the jury apparently did not find the argument persuasive, it is not improper for a defense attorney to argue that punitive damages are unnecessary because a large compensatory damages award has adequately punished a company. Since the Court of Appeals correctly decided that the trial court erred in charging an irrelevant Code section on the allocation of punitive damages and the 75 percent charge was prejudicial, we affirm its decision on this issue.
Judgment affirmed in part and reversed in part.
Uniroyal Goodrich Tire Co. v. Ford, 218 Ga. App. 248 (461 SE2d 877) (1995).
See 218 Ga. App. at 249-251 (plurality opinion) (no reversible error since defendants did not show prejudice from procedure); id. at 272 (McMurray, P. J., dissenting) (no reversible error since jurisdiction and venue proper in Fulton County); id. at 262-263 (Ruffin, J., concurring specially) (reversible error since defendants do not have to prove prejudice if joinder violates plain language of statute); & id. at 264 (Beasley, C. J., concurring in part and dissenting in part) (harmless error rule does not apply when joint proceeding violates litigant’s statutory right to withhold consent).
See 218 Ga. App. at 254 (plurality); id. at 262 (Ruffin, J., concurring specially); id. at 264 (Beasley, C. J., concurring in part and dissenting in part). A different majority, however, held that the evidence was sufficient to present the issue of punitive damages at a new trial. See id. at 279 (Pope, P. J., dissenting).
Black’s Law Dictionary 280 (5th ed. 1979).
Id. at 753.
See Uniroyal, 218 Ga. App. at 264 (Beasley, C. J., concurring in part & dissenting in part) (section 42 “governs the combining of separate cases for the court proceedings”).
Carter v. Witherspoon, 228 Ga. 485, 487 (186 SE2d 534) (1971); Herring v. McLemore, 248 Ga. 808, 809 (286 SE2d 425) (1982).
1966 Ga. S.J. 812; 1966 Ga. H.J. 1837.
1966 Ga. S.J. 1283; 1966 Ga. H.J. 2151; see Ga. L. 1966, pp. 609, 654.
See E. Freeman Leverett, The 1967 Amendments to the Georgia Civil Practice Act & the Appellate Procedure Act, 3 Ga. St. B.J. 383, 403-404 (1967).
Hill v. Crowell, 244 Ga. 294 (260 SE2d 18) (1979) (presuming harm when parties denied statutory right to question jurors individually); Walker v. State, 216 Ga. 15, 16 (114 SE2d 431) (1960) (ordering new trial based on bailiffs’ failure to supervise jury); Poultryland v. Anderson, 200 Ga. 549, 562 (37 SE2d 785) (1946) (holding reversible error when trial court violated party’s right to have witnesses sequestered).
Our decision in Herring v. McLemore does not require a different result. The implication in that case that the harmless error rule applies is dictum since the parties did not appeal the trial court’s consolidation order. See 248 Ga. at 809.
9 Charles Alan Wright & Arthur Miller, Federal Practice & Procedure, § 2381 (2d ed. 1995).
See E. Freeman Leverett, Comments on the Georgia Civil Practice Act of 1966, 3 Ga. St. B.J. 295, 306 (1967).
See Uniroyal, 218 Ga. App. at 278 (Pope, P. J., dissenting).
OCGA § 51-12-5.1 (c).
OCGA § 51-12-5.1 (b), (d), (g); see also Bagley v. Shortt, 261 Ga. 762 (410 SE2d 738) (1991) (holding that $250,000 limit on punitive damages does not violate due process, equal protection, or right of access to courts).
Since no charge was given on the one-time recovery rule, it is not an issue in this case.
OCGA § 51-12-5.1 (e).
See OCGA § 51-12-5.1 (e) (1).
See Mack Trucks v. Conkle, 263 Ga. 539, 541-544 (436 SE2d 635) (1993); State of Ga. v. Moseley, 263 Ga. 680, 681-682 (436 SE2d 632) (1993) (holding that subsection (e) (2) does
Mack Trucks, 263 Ga. at 542.
Id.
See Honeywell v. Sterling Furniture Co., 797 P2d 1019, 1023 (Or. 1990) (holding that trial court erred in instructing jury on how statute required punitive damages award to be distributed); Burke v. Deere & Co., 6 F3d 497, 513 (8th Cir. 1993) (holding that it was improper under Iowa law to inform the jury that a portion of any punitive damages award would go into a civil trust fund), cert. denied, 510 U. S. 1115 (114 SC 1063, 127 LE2d 383) (1994).
See OCGA § 51-12-5.1 (a), (c), & (d) (2).
See Mack Trucks, 263 Ga. at 543; Moseley, 263 Ga. at 681.
See Moseley, 263 Ga. at 681.
See, e.g., Bryant v. Haynie, 216 Ga. App. 430, 432 (454 SE2d 533) (1995) (trial court properly excluded evidence of existence and amount of plaintiffs’ settlement with other defendants); Allison v. Patel, 211 Ga. App. 376, 381-383 (438 SE2d 920) (1993) (harmful error to allow evidence of fact or amount of plaintiff’s settlement with other defendants); Stoner v. Eden, 199 Ga. App. 135, 136-137 (404 SE2d 283) (1991) (defense counsel’s comment on contingent-fee contract between plaintiffs and their counsel was improper and irrelevant to the issue of damages).
See Honeywell, 797 P2d at 1021-1022.
See Burke, 6 F3d at 513 (finding size of punitive damages award indicated jury sought to “engage in a social reallocation of resources” to benefit persons not before the court).
Honeywell, 797 P2d at 1021; see also Holger v. Irish, 851 P2d 1122, 1130 (Or. 1993) (prejudicial to instruct jury about the effect of a settlement between plaintiff and another defendant, although instruction was correct description of the law).
Concurring Opinion
concurring.
For the reasons given in the majority opinion, I am constrained to agree with the majority’s holding that the trial court erred in conducting the dual jury trial without the consent of all the parties. I write separately, first, to commend the trial court for its sensible and practical attempt to streamline the trial process and, second, to urge the General Assembly to remove the requirement from OCGA § 9-11-
Reference
- Full Case Name
- FORD Et Al. v. UNIROYAL GOODRICH TIRE COMPANY Et Al.; FORD v. UNIROYAL GOODRICH TIRE COMPANY Et Al.
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- 53 cases
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- Published