Tort/Negligence – Motor Vehicle Accident – Damages – Motorcycle Repair Costs – Medical Expenses – Pain & Suffering – Rule 68 Offer of Judgment – Costs

Smith v. White (Lawyers Weekly No. 11-07-0677, 15 pp.) (Wanda G. Bryant, J.) Appealed from Cleveland County Superior Court. (Yvonne Mims Evans, J.) N.C. App. Click here for the full-text opinion.

Holding: Even though defendant paid for repairs to plaintiff’s motorcycle before trial, the cost of the repairs was admissible as some evidence of the difference in the value of the motorcycle before the accident and immediately after the accident. Since the trial court did not allow plaintiff to present such evidence, the court correctly granted plaintiff a new trial on the issue of diminution of the value of his motorcycle.

We affirm the trial court’s (1) grant of plaintiff’s motion for a new trial as to the value of his motorcycle, (2) denial of plaintiff’s motion for a new trial based on the jury’s alleged compromise verdict, and (3) award of costs to defendant.

Plaintiff contends the jury’s verdict was a compromise because it awarded medical expenses but not damages for pain and suffering. Plaintiff has failed to show the verdict was a compromise.

First, a juror’s post-trial statements may not be used in determining whether a compromise verdict was delivered. N.C. R. Evid. 606(b).

Moreover, plaintiff’s evidence showed medical expenses of $5,457; defendant countered plaintiff’s testimony concerning his pain and suffering; and defendant provided evidence contradicting some of plaintiff’s medical expenses. Since the jury awarded plaintiff $6,350 in medical expenses, the jury may have compensated plaintiff some amount for his pain and suffering. We must reject plaintiff’s argument as to a compromise verdict.

Finally, on Feb. 13, 2009, defendant made plaintiff an offer of judgment for the lump sum of $10,001 pursuant to N.C. R. Civ. P. 68(a), which offer plaintiff did not accept. As defendant’s offer exceeded plaintiff’s jury award, the trial court properly granted defendant’s motion for an award of the costs he incurred after the offer of judgment.

Affirmed.