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~
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