Quinn v. President Broadwater Hotel, LLC
| Docket Number: | 2006-CA-00090-COA Linked Case(s): 2006-CA-00090-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 05-01-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Personal injury - Additur Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 10-11-2004 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: JURY VERDICT IN FAVOR OF QUINNS IN THE AMOUNT OF $5,000. QUINNS’ MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, OR IN THE ALTERNATIVE, A NEW TRIAL OVERRULED Case Number: 99-177 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT W. QUINN AND CHERIE QUINN |
WILLIAM MICHAEL KULICK
ROBERT W. GAMBRELL |
||
| Appellee: | PRESIDENT BROADWATER HOTEL, LLC | DAVID C. GOFF |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Personal injury - Additur |
| Summary of the Facts: | Robert Quinn and his wife filed a complaint against the President Casino Broadwater Resort for personal injuries sustained while on the casino’s premises. President admitted liability in the case and the matter proceeded to trial as to damages only. The jury returned a verdict for Mr. Quinn and assessed damages in the amount of $5,000 as compensation for his pain and suffering, and permanent physical limitations including loss of enjoyment of life. The jury found that Mr. Quinn was entitled to no damages for past and future lost earnings and that Mrs. Quinn was entitled to no damages for loss of consortium. The Quinns filed a motion for an additur or a new trial, which was denied. They appeal. |
| Summary of Opinion Analysis: | The Quinns argue that the jury award of $5,000 was so inadequate as to be against the overwhelming weight of the credible evidence and to indicate that the jury was influenced by prejudice or bias against them. In the context of additur and remittitur it is often held that the jury’s determination should remain undisturbed on appeal when there was contradicting evidence presented which supports the jury’s determination. In this case, the existence and/or the extent of most of Mr. Quinn’s various claimed elements of damage were contradicted by the evidence and disputed by the parties. It was uncontradicted and clearly established that Mr. Quinn suffered a physical impairment and that there was some pain and suffering associated with his injuries. However, President introduced contradictory evidence which created an issue for the jury as to the amount of damages to award the Quinns. Additionally, Mr. Quinn’s testimony was contradictory and many of his statements were impeached. Thus, the jury chose to disregard much of his testimony. The jury award of $5,000, though admittedly small, is not so low as to shock the conscience. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
