Milton Weinberg v. Thomas Johnson

ROGERS, Associate Judge: This appeal involves a personal injury action arising out of a shooting of appellee at appellant's laundromat. The facts are set forth in Johnson v. Weinberg, 434 A.2d 404 (D.C. 1981) (Johnson I), where this court reversed the trial court's grant of appellant's motion for a directed verdict at the close of appellee's case, and remanded the case for a new trial. At the second trial, a jury found for appellee, awarding $800,000 in compensatory damages. Judge Taylor denied appellant's motion for a new trial on liability, but granted a new trial on damages. At the third trial, the jury awarded appellee $2,000,000 in compensatory damages, and Judge Riley denied appellant's motion for judgment notwithstanding the verdict and for a new trial on liability and damages. 1 Finding no error by Judge Taylor in denying appellant's motion for directed verdict, his requested jury instructions on the scope of employment, and his motion for a new trial on liability, and no error by Judge Riley in denying his motion for a new trial on the grounds the verdict was excessive, we affirm. 2 I. Directed Verdict Appellant contends there was no evidence at the second trial from which the jury could find that there was an employer/employee relationship between himself and Ms. Schneider, and thus between himself and Boyd, and further that there was no evidence from which the jury could find the shooting occurred within the scope of Boyd's employment. Appellant argues, therefore, that Judge Taylor erred in failing to direct a verdict in his favor at the close of appellee's evidence and again at the close of all the evidence.