Wells v. Tru-Mark Grain, Inc.
| Docket Number: | 2003-CA-00812-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-23-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Additur Judge(s) Concurring: Myers, Chandler, Griffis, Barnes and Ishee, JJ. Dissenting Author : King, C.J. Dissent Joined By : Bridges, P.J., and Irving, J. Procedural History: Jury Trial Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 03-27-2003 Appealed from: Pike County Circuit Court Judge: Keith Starrett Disposition: JURY VERDICT FOR PLAINTIFF FINDING DEFENDANT 30% AT FAULT AND FINDING LIABILITY IN THE AMOUNT OF $81,000 IN COMPENSATORY DAMAGES. Case Number: 02-013-A |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sheila Wells, Individually and on Behalf of the Wrongful Death Beneficiaries of Roderick Wells, Deceased |
DALE DANKS
PIETER JOHN TEEUWISSEN |
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| Appellee: | Tru-Mark Grain, Inc. and Levoy Wayne Knight | BRYAN C. HARBOUR KEITH R. RAULSTON |
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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: | Wrongful death - Additur |
| Summary of the Facts: | Roderick Wells died when his car was struck by a Tru-Mark Grain tractor-trailer driven by Levoy Knight. Roderick's mother, Sheila Wells, filed a wrongful death suit against Tru-Mark and Knight alleging negligence in Knight's operation of the tractor trailer. The jury assessed damages of $270,000, but found the defendants only thirty percent liable. The result was a jury verdict for Wells in the amount of $81,000. Wells appeals. |
| Summary of Opinion Analysis: | Wells argues that the jury award of $81,000 is contrary to the overwhelming weight of the evidence and that the court erred in refusing to grant an additur or, in the alternative, a new trial on damages. Awards set by jury generally will not be set aside unless so unreasonable as to strike mankind at first blush as being beyond all measure, unreasonable in amount and outrageous. The jury had the opportunity to see the witnesses and weigh their testimony. The award was not contrary to the overwhelming weight of the evidence nor was the jury influenced by bias, prejudice, or passion. Wells also argues that the jury was confused in determining the apportionment of liability. However, after the verdict was rendered, the trial judge, in order to make sure there was no confusion, asked if $270,000 was the total amount of damages proven by Wells. Ten jurors raised their hands. The trial judge then asked if the fault attributable to Knight was 30%, and nine jurors raised their hands. Therefore, the jury was not confused in determining damages and liability. |
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