Burge v. Spiers
| Docket Number: | 2002-CA-00808-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-03-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Additur Judge(s) Concurring: McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ. Procedural History: Jury Trial Nature of the Case: Negligence |
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| Trial Court: |
Date of Trial Judgment: 04-18-2002 Appealed from: Pearl River County Circuit Court Judge: Michael R. Eubanks Disposition: JURY AWARDED BURGE $2,137. TRIAL COURT DENIED MOTION FOR ADDITUR OR IN THE ALTERNATIVE, NEW TRIAL. Case Number: 99-0005 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gerald L. Burge |
GLENN LOUIS WHITE
JOHN D. SMALLWOOD |
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| Appellee: | Christina G. Spiers | PHILIP W. GAINES TONYA MICHELLE BLAIR |
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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. |
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| Topic: | Personal injury - Additur |
| Summary of the Facts: | Following an accident in which Christina Spiers’ car rear-ended Gerald Burge’s vehicle, Burge filed a negligence complaint. Spiers admitted liability, and the jury awarded Burge $2,137 in damages, the exact amount he claimed in medical expenses. Burge filed a motion for additur or, in the alternative, for a new trial, which the court denied. Burge appeals. |
| Summary of Opinion Analysis: | Burge argues that the court erred in failing to grant his motion, because the jury failed to award damages for pain and suffering or future medical expenses. The party seeking the additur has the burden of proving his injuries, damages and loss of income. Burge placed into evidence his medical bills and the testimony of his treating physician, who testified that Burge suffered from back and neck injuries and would need surgery in the future. On cross-examination, Spiers impeached Burge with a history of prior spinal surgery, prior diagnosis of physical disability, chronic lower back problems, and contradictory sworn statements made in another court case in Louisiana. By impeaching the causation of the damages claimed by Burge, there is ample evidentiary support for the verdict returned by the jury. |
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