Sarvghad v. Sitton Buick Co.
Sarvghad v. Sitton Buick Co.
Opinion of the Court
At trial, Sitton Buick admitted liability in both actions and ultimately conceded responsibility in the son’s action for the medical bill sent by a physician who had examined the son after the accident. Sitton Buick contested, however, the damages claimed by Mr. Sarvghad in his own action.
Sitton Buick objected to the submission by the trial judge of a single verdict form to the jury. It suggested there should be “two captions” and “two verdict forms.” The verdict form given to the jury by the trial judge contained the caption in Mr. Sarvghad’s own case but not the one in his son’s case.
The jury, using the form supplied by the trial judge, returned a general verdict “for the plaintiff’ in the amount of $26,200 actual damages.
We agree with Sitton Buick. The trial judge committed reversible error in not submitting separate verdict forms to the jury in these consolidated actions. The actions, despite their consolidation, retained their separate identities. Keels v. Pierce, — S.C. —, 433 S.E. (2d) 902 (Ct. App. 1993); see also note to Rule 42(a), SCRCP (“The parties and pleadings are not merged, and each action retains its own identity_”). Sit-ton Buick was clearly prejudiced since there was no way for it to determine the amount of damages awarded by the jury in each case so as to be able to question whether the amount awarded in each case, particularly the son’s, was excessive. See State Highway Comm’n. v. Cape, 49 N.C. App. 137, 270 S.E. (2d) 555 (1980) (where the trial court consolidated cases concerning two distinct tracts of land, with no unity of ownership, the court should have submitted two separate issues to the jury to allow the verdict to be apportioned among the owners according to their respective interests).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.