Redmond v. Breakfield
| Docket Number: | 2001-CP-01324-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Weight of evidence - Admission of accident report - Jury instruction - In forma pauperis Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 07-10-2001 Appealed from: Covington County Circuit Court Judge: Robert G. Evans Disposition: JURY VERDICT FOR DEFENDANT. Case Number: 97-0052 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Troy T. Redmond |
TROY T. REDMOND (PRO SE)
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| Appellee: | J. D. Breakfield | JAMES R. HAYDEN |
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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 - Weight of evidence - Admission of accident report - Jury instruction - In forma pauperis |
| Summary of the Facts: | Troy Redmond brought suit against J.D. Breakfield and Rita Jackson for injuries he and his daughter, Allagra, sustained in an automobile accident. The case proceeded to trial solely against Breakfield, and the jury returned a verdict in Breakfield's favor. Redmond appeals. |
| Summary of Opinion Analysis: | Redmond argues that the verdict was against the weight of the evidence, because the uncontradicted proof which showed that he was traveling on the through highway at the time of the accident necessarily establishes Breakfield’s negligence for the accident. Where differing versions of the facts are presented by competing parties to the litigation, it is the duty of the jury sitting as finders of fact to assess the credibility of the witnesses and determine what weight and worth to give any particular element of the evidence. Although Redmond’s version of events differed from Breakfield’s, Breakfield’s testimony was not substantially impeached nor was it shown that any of the uncontradicted physical evidence rendered his version of events unlikely or implausible. Redmond also argues that the court improperly excluded evidence in the form of the police accident report. However, the accident report was admitted as an exhibit at Redmond’s request. Although Redmond attempted to elicit from Breakfield an admission that the accident report assigned fault for the accident to Breakfield, the document speaks for itself and was available in its entirety to the jury. Redmond also argues that the court erroneously granted an instruction which was not supported by any evidence. There was evidence that Redmond must have been traveling at a relatively high rate of speed at impact which was enough to support an inference that this was the cause of the collision. Therefore, it was proper for the court to instruct the jury on what result such a factual determination ought to have on the verdict to be returned. The court, on Redmond’s motion, granted leave for him to appeal the adverse verdict in forma pauperis. The right to appeal a civil case in forma pauperis applies in only very limited circumstances of which a personal injury action arising out of a vehicular accident is not one. Since no party has raised this issue on appeal, appeal costs will not be re-taxed. |
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