Cuggino v. Nationwide Insurance Company of America
Filing
119
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for a new trial pursuant to Fed.R.Civ.P. 59 [Doc. # 111 ] is denied. Signed by District Judge Carol E. Jackson on 11/1/16. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JACQUE CUGGINO,
Plaintiff,
vs.
NATIONWIDE INSURANCE COMPANY OF
AMERICA,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No. 4:15-CV-00250-CEJ
MEMORANDUM AND ORDER
This matter is before the Court on the motion of plaintiff Jacque Cuggino for
a new trial pursuant to Fed.R.Civ.P. 59(a)(1)(A). Defendant Nationwide Insurance
Company of America has filed a response in opposition, and the issues are fully
briefed.
On January 11, 2014, plaintiff’s residence was damaged due to an accidental
fire. Plaintiff subsequently submitted a claim under her homeowner’s policy issued
by defendant. Plaintiff sought payment of the maximum amount allowed under the
relevant provisions of the policy. After inspecting the property, defendant valued
the loss at an amount lower than that claimed by plaintiff and paid her accordingly.
Plaintiff brought this action claiming that defendant breached the policy by failing to
compensate her fully for the damage. She also asserted a vexatious refusal claim.
On August 2, 2016, a jury returned a verdict in favor of defendant.
Rule 59 “confirms the trial court’s historic power to grant a new trial based
on its appraisal of the fairness of the trial and the reliability of the jury’s verdict.”
Gray v. Bicknell, 86 F.3d 1472, 1480 (8th Cir. 1996). District courts “enjoy broad
discretion” in determining whether to grant a new trial. Pulla v. Amoco Oil Co., 72
F.3d 648, 656 (8th Cir. 1995). “A new trial is appropriate when the first trial,
through a verdict against the weight of the evidence, an excessive damage award,
or legal errors at trial, resulted in a miscarriage of justice.” Id. “In determining
whether a verdict is against the weight of the evidence, the trial court can rely on
its own reading of the evidence — it can weigh the evidence, disbelieve witnesses,
and grant a new trial even where there is substantial evidence to sustain the
verdict.” Harris v. Sec’y U.S. Dep’t of Army, 119 F.3d 1313, 1318 (8th Cir. 1997)
(quotations and citation omitted). The district court, however, may not “reweigh the
evidence and set aside the jury verdict merely because the jury could have drawn
different inferences or conclusions or because judges feel that other results are
more reasonable.” Id. And a party may not use a motion for a new trial “to
introduce new evidence, tender new legal theories, or raise arguments that could
have been offered or raised prior to entry of judgment.” Parton v. White, 203 F.3d
552, 556 (8th Cir. 2000).
A miscarriage of justice does not result whenever there are inaccuracies or
errors at trial; instead, the party seeking a new trial must demonstrate that there
was prejudicial error. Buchholz v. Rockwell Int’l Corp., 120 F.3d 146, 148 (8th Cir.
1997). Errors in evidentiary rulings or in jury instructions are only prejudicial, and
therefore only represent a miscarriage of justice that requires a new trial, where
the error likely affected the jury’s verdict. Sherman v. Winco Fireworks, Inc., 532
F.3d 709, 720 (8th Cir. 2008); Diesel Mach., Inc. v. B.R. Lee Indus., Inc., 418 F.3d
820, 833 (8th Cir. 2005).
2
In the instant motion, plaintiff asserts the following claims of error which she
argues entitle her to a new trial: (1) that the Court erred in admitting photographic
evidence of water damage and mitigation in connection with an insurance claim that
plaintiff made in 2012; (2) that the Court improperly excluded evidence of the costs
of dwelling repair and replacement; and (3) that the Court’s exclusion of code
upgrade costs evidence was erroneous and prejudicial. The Court addressed these
issues during the trial and articulated the reasons for either allowing or excluding
the evidence cited by plaintiff.
Plaintiff offers no new arguments here, and the
Court will not revisit its prior rulings.
Finally, plaintiff argues that the jury’s verdict was against the weight of the
evidence. The Court finds that there was sufficient evidence presented at trial from
which the jury could have reasonably concluded that the defendant met all of its
obligations under the policy.
***
For the above reasons,
IT IS HEREBY ORDERED that plaintiff’s motion for a new trial pursuant to
Fed.R.Civ.P. 59 [Doc. #111] is denied.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 1st day of November, 2016.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?