Doe v. North Panola Sch. Dist.


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Docket Number: 2003-CA-01040-COA

Court of Appeals: Opinion Link
Opinion Date: 11-30-2004
Opinion Author: Lee, P.J.
Holding: Affirmed

Additional Case Information: Topic: Improper supervision - Pre-existing condition - Pain and suffering - Collateral source rule - Misapprehension of facts - Additur
Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis and Barnes, JJ.
Non Participating Judge(s): Ishee, J.
Procedural History: Jury Trial
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 03-12-2003
Appealed from: PANOLA COUNTY CIRCUIT COURT
Judge: Ann H. Lamar
Disposition: JANE DOE AWARDED $20,197.03 IN DAMAGES
Case Number: CV2001-132-CP1

  Party Name: Attorney Name:  
Appellant: Jane Doe, by and through Her Natural Mother and Next Friend, B. J. Doe




DAVID G. HILL RALPH STEWART GUERNSEY DAVID L. MINYARD



 

Appellee: North Panola School District; Bonnie Smith, Individually and in Her Official Capacity as Superintendent of North Panola School District; Jesse Orange, Individually and in His Official Capacity as Principal of Como Middle School; and Finis Sanders, Individually and in His Official Capacity as Teacher TIMOTHY MICHAEL PEEPLES WILTON V. BYARS  

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Topic: Improper supervision - Pre-existing condition - Pain and suffering - Collateral source rule - Misapprehension of facts - Additur

Summary of the Facts: Jane Doe filed suit by and through her mother, B. J. Doe, against the North Panola School District; Bonnie Smith, individually and in her official capacity as superintendent of NPSD; Jesse Orange, individually and in his official capacity as principal of Como Middle School; and Finis Sanders, individually and in his official capacity as Jane's teacher. The suit alleged that the defendants improperly supervised the students at Como Middle School and allowed Jane to be repeatedly sexually assaulted by her fellow students. The claims against the defendants in their individual capacities were later dismissed with prejudice. After a trial, the judge awarded Jane damages in the amount of $20,197.03, which included $101.20 in past medical bills at North Oak Medical Center, $995.83 in past medical bills at Aaron Henry Clinic, $4,100 in past therapy bills at Oxford Play Therapy Training Institute, and $15,000 for future therapy for three years at the Institute. Jane moved for an additur or, in the alternative, a new trial as to damages only. The judge denied the motions, and Jane appeals.

Summary of Opinion Analysis: Issue 1: Pre-existing condition Jane argues that the judge erred in declining to consider her pre-existing condition of retardation in awarding damages. One who injures another suffering from a pre-existing condition is liable for the entire damage when no apportionment can be made between the pre-existing condition and the damage caused by the defendant. However, the rule on pre-existing injuries is generally limited to pre-existing physical – not mental – conditions. Therefore, the judge did not err in finding that Jane needed therapy for the sexual assault rather than for her mental retardation. Issue 2: Pain and suffering Jane argues that the judge erred in awarding her nothing for pain and suffering despite the court's finding of over $20,000 in actual past, present, and future medical and psychological expenses. The judge found that it was impossible to determine Jane's level of stress due to her inability to communicate clearly and, as a result, found insufficient evidence to support an award for pain and suffering. There was sufficient evidence in the record to support the judge's findings. Issue 3: Collateral source rule Jane argues that the judge misapplied the collateral source rule. The collateral source rule states that a tortfeasor cannot mitigate its damages by factoring in compensation the plaintiff received from a collateral source other than the tortfeasor, such as insurance. The rule applies to Medicaid payments. Jane wanted permanent placement at North Mississippi Regional Center and wanted NPSD to pay for it. More than one expert testified that they felt it best for Jane to stay in public school for as long as possible. In the judge's opinion, it is clear that she agreed that it would be best for Jane to stay in public school. Furthermore, the chancellor did not rely upon Jane's Medicaid and SSI payments in determining that it would be best for her to remain in school. Issue 4: Misapprehension of facts Jane argues that the judge misapprehended pertinent fact and opinion evidence from both parties. The judge's opinion was comprehensive and addressed all the issues and facts pertinent to the case. Issue 5: Additur Jane argues that the judge erred in denying her motion for an additur, because a verdict of zero for pain and suffering in a case where an eleven year old disabled girl was repeatedly subject to unwanted sex by two different boys was shocking to the conscience. This is just a restatement of the issue of pain and suffering.


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