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MILLER v. CARNATION CO. <br />GV ~ Cnb-App. 3M PSE 13] <br />or seasonal basis. The}• are absolute. It <br />was within the discretion of the jury to <br />determine when and how extensively the <br />Millers suffered, and there u no indication <br />in the record that their determination is <br />without foundation. Bohlender v. Oster, <br />supra. <br />II. <br />Carnation argues that the exemplary <br />damage award was excessive and that the <br />trial court would have, and should have, <br />remitted the award or ordered a new trial. <br />According to Carnation, the trial court m <br />freined from striking the exemplary dam- <br />age award because it failed to properly <br />interpret our opinion in Miller v. Carnation, <br />supra In iu order denying the motion for <br />a new trial, the trial court noted its disa- <br />greement with the exemplary damage <br />award. This alone, however, does not war- <br />rant areversal of the verdict. <br />[7-10] In overseeing the functions of <br />the jury, it is not the place of the trial <br />judge to sit az a thirteenth juror. Although <br />the court may disagree with the verdict, the <br />granting of a motion fora new trial is <br />improper where the evidence palpably sup- <br />ports the verdict In the face of conflicting <br />evidence, the trial court may not substitute <br />iu view for that of the jury. Scott v. <br />Mauuda, 127 Colo. 267, 255 P2d 403 (1953). <br />The plaintiffs were entitled to an instroc- <br />tion on exemplary damages, since there was <br />evidence to support it Miller v. Carnation <br />Co., supra The trial court's action in not <br />setting aside the exemplary damage award, <br />despite iu disagreement with the verdict is, <br />therefore, consistent with established prin- <br />ciples, and the record does not justify rever- <br />sal of iu denial of a new trial. <br />[11,12] Carnation further contends that <br />the trial court failed to consider whether <br />the damages were exceavive, but we do not <br />agree. This court is not warranted in az- <br />suming that the trial court ignored the <br />question of excessiveness simply because it <br />noted iu disagreement with the jury but <br />did not reduce the award. On the contrary, <br />the trial court is presumed to have con- <br />sidered all properly raised objections. See <br />Colo. 131 <br />Nelson c•. Centennial Casualty Co., 130 Colo. <br />66, 273 P?d 121 (1954 ). <br />[13, 14] We also reject Carnation's posi- <br />tion that the amount of exemplary damages <br />was excev~ve az a matter of law. While <br />exemplary damages must bear a reasonable <br />relationship to compensaton• damages, <br />Montgomery v. Tuftortl, 165 Colo. 18, 437 <br />P.2d 36 (1968), no fixed mathematical for- <br />mula exisu to determine reasonableness. <br />Wegner c•. Rodeo Cowboys Ass'n., 290 <br />F.Supp. 369 (D.Colo.1968), aff'd., 417 F2d <br />881 (10th Cir. 1969), cert. denied, 398 U.S. <br />903, 90 S.Ct. 1688, 26 L.Ed.2d 60 (1970). <br />The relationship between exemplary and <br />compensatory damages is but one test to be <br />applied in assessing the excessiveness of the <br />award. Of equal importance, the verdict <br />must be sufficient to punish the defendant <br />and effectively deter others in similar cir- <br />cumstances. Beebe v. Pierce, 185 Colo. 34, <br />521 P.2d 1263 (1974); see also Comment, <br />Exemplary Damages in Colorado-Punitive <br />or Puny?, 35 U.CoIo.L.Rev. 394 (1963). <br />[15, 16] Here, there was sufficient evi- <br />dence of Carnation's wanton and reckless <br />disregard for the Millers' righu to justify <br />submission of the question to the jury. Mil- <br />ler v. Carnation Co., supra; see also Barker <br />v. Colorado Region-Spore Car Club of <br />America, Ins, 35 Colo.App. 73, 532 P ~d 372 <br />(1974). Carnation's financial status was a <br />proper factor for jury consideration. The <br />award was not so large in relation to the <br />purposes underlying § 13-21-102, C.R.S. <br />1973, and in relation to Carnation's finan- <br />cial resources as to require reversal by this <br />court <br />III. <br />(171 We need no[ reach the menu of <br />Carnation's additions] assignmenu. These <br />were first raised in a document entitled <br />"Supplement to Defendant's Motion for <br />New Trial." Under a time extension grant- <br />ed by the trial court, Carnation waz permit- <br />ted [o file iu motion for new trial up to and <br />including February 25, 1975. The motion <br />for new trial was filed on that day, setting <br />forth, inter alia. the contentions considered <br />C~ <br />