Lake v. Gautreaux
| Docket Number: | 2003-CA-00801-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-09-2004 Opinion Author: Myers, J. Holding: Reversed and remanded for a new trial on damages |
|
| Additional Case Information: |
Topic: Personal injury - Mitigation instruction Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 02-13-2003 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: JURY VERDICT FOR THE PLAINTIFF; ADDITUR AWARDED FOR A TOTAL VERDICT OF $9,091.14. Case Number: 251-99-682CIV |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Larry Lake, Jr. and Jamie Lake, a Minor, by His Father and Next Friend, Larry Lake, Jr. |
THOMAS J. LOWE, JR.
PETER K. SMITH |
||
| Appellee: | Mr. or Mrs. Charles Gautreaux, Father, Mother and Natural Guardians of Jonathan S. Gautreaux, a Minor, and Jonathan S. Gautreaux | JAN F. GADOW H. GRAY LAIRD JAMIE DEON TRAVIS |
|
|
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 - Mitigation instruction |
| Summary of the Facts: | Larry Lake, Jr. and his son, Jamie Lake, were involved in a two car collision with Jonathan Gautreaux. The Lakes were waiting at a stoplight when their vehicle was rear-ended by Gautreaux. The Lakes suffered actual damages in excess of $11,000. The Lakes filed suit seeking compensatory and punitive damages. The jury returned a verdict of $6,091.14. The court entered an additur of $3,000 to the verdict, for a total of $9,091.14. The Lakes appeal. |
| Summary of Opinion Analysis: | Lake argues that jury instruction on mitigation was not a proper instruction of law in determining his case. While generally an injured person has the duty to use reasonable care, and to make reasonable effort to prevent or minimize the consequences of the wrong or injury, the rule is one of reason and where funds are necessary to meet the situation and the injured person is without the funds, he is excused from the effort. Lake repeated multiple times throughout the trial that he could not afford to pay for additional medical treatment. He was off work due to his injuries and without medical insurance. He had no income and was forced to borrow money to pay the bills he had incurred prior to moving back to Clarksdale. Lake simply did not have the funds available to him to spend $40 per office visit to a physician and $60 per one-half hour of physical therapy, which would require numerous treatments. To state that Lake is required to mitigate his damages in light of his inability to pay the cost of treatment would be contrary to long standing case law in this state. A key determination to be made in deciding this case is made by delineating between what is required by a treating physician and what is recommended by a physician retained for purposes of evaluation. Given the nature of the jury instruction, Lake was placed in a no-win scenario: if he does not go to physical therapy, then he has failed to mitigate; but if he does go to physical therapy, then he has still failed to mitigate by incurring costs that were not prescribed. Because the mitigation instruction could not have had any other result than to confuse the jury and prejudice Lake’s case, the case is reversed and remanded for a new trial on damages. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
