DILLON V. FRAZER
678 S.E.2d 251 (2009)
NATURE OF THE CASE: Dillon (P) appealed an additur that increased the damages by $15,000
wherein P was awarded $6,000 by the jury.
FACTS: P was injured in an auto accident due to Frazer's (D) admitted negligence. P and D
were employed by a Canadian corporation with no facilities or place of business in South
Carolina. P and D were in Greenville working for their company staying in a hotel. They were
paid 30 minutes per day for the travel time between their hotel and the worksite. D was the
only employee authorized to drive the rental car. P sustained injuries in a car accident
when d ran a stop sign. P had eight fractured ribs on his right side and two on his left, a
fractured sternum, a fractured clavicle, a fractured left thumb, and a punctured lung. He
stayed at the hospital for two days. Once back in Canada, P received physical therapy. The
remainder of his care was covered by the Canadian Health System and those costs were not
sought in this action. P did not return to work for at least 10 weeks. After the accident,
the number of hours he was able to work diminished. D admitted liability. P's hospital care
in Greenville amounted to $ 10,518. He claimed $ 320 for EMS transportation to the hospital
and $ 1,188 in physical therapy bills. P also contended that he was entitled to $ 509,168 in
lost past and future earnings, including $ 101,350 in lost wages from the date of injury to
the estimated trial date and $ 407,818 for the post-trial period, based on calculations by
P's expert. During deliberations, the jury sent questions to the judge asking whether any
compensation had been paid to P by a third party. The jury awarded P $ 6,000 and found for D
on the consortium claim by P's wife. P moved for a new trial nisi additur or in the
alternative, for a new trial absolute as to damages only. The trial court granted P's motion
for additur and increased the damages by $ 15,000, bringing the total amount of damages to $
21,000. All other motions were denied. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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