Colville v. Davidson


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Docket Number: 2004-CA-02246-COA
Linked Case(s): 2004-CT-02246-SCT ; 2004-CA-02246-COA

Court of Appeals: Opinion Link
Opinion Date: 01-03-2006
Opinion Author: MYERS, P.J.
Holding: Affirmed

Additional Case Information: Topic: Personal injury - Additur
Judge(s) Concurring: KING, C.J, LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ.
Procedural History: Motion Denied
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 10-14-2004
Appealed from: DeSoto County Circuit Court
Judge: George B. Ready
Disposition: DENIED MOTION FOR ADDITUR
Case Number: CV 2002-382

  Party Name: Attorney Name:  
Appellant: BENNY W. COLVILLE




JOHN W. CHRISTOPHER



 

Appellee: RENEE P. DAVIDSON DAWN DAVIS CARSON, ROBERT LEWIS MOORE  

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Topic: Personal injury - Additur

Summary of the Facts: While traveling to work, Benny Colville was accidentally struck from behind by Renee Davidson, resulting in a rear end collision. A trial was held where Davidson admitted some act of simple negligence and the only issue before the jury was the determination of damages. Following jury deliberations a verdict was returned awarding damages in the amount of $1,500. Colville filed a motion for an additur or, in the alternative, a new trial on damages that was denied. Colville appeals.

Summary of Opinion Analysis: Colville argues that the trial court abused its discretion by denying his post trial motion for additur based on the jury’s bias, passion and prejudice and the damages were inadequate due to the overwhelming weight of the evidence. A jury award will not be set aside unless so unreasonable in amount as to strike mankind at first blush as being beyond all measure, unreasonable in amount and outrageous. The testimony at trial was that Colville was examined following the accident and was not found to have any skeletal injuries. He was given pain medication, muscle relaxants and missed work the day of the accident. He returned to work the following day and did not complain of any further pain until visiting Dr. Carnahan for a cold two months following the accident. Dr. Carnahan testified that he treated Colville with manipulative therapy for over two years and did not prescribe any medications other than over-the-counter pain medicine. Additionally, Dr. Carnahan prescribed physical therapy that Colville was non-compliant with. Further testimony indicated that Colville suffered two work-related injuries following the accident, a groin pull and a hernia. The jury also heard Colville testify that in June of 2002 he changed positions in his company from manual labor to a desk job as an estimator. After the job change Colville testified that his pain began to stop. After hearing this testimony the jury awarded Colville $1500. The day of the accident Colville incurred medical expenses in the amount of $860.43 which consisted of $212 for the ambulance, $558.43 for the emergency room and $90 for radiological services. The difference of $640.57 can be attributed to pain and suffering. There is no evidence of bias, prejudice or passion in the jury’s verdict.


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