Fleming v. Floyd


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Docket Number: 2005-CT-00042-SCT
Linked Case(s): 2005-CA-00042-COA ; 2005-CA-00042-COA ; 2005-CT-00042-SCT

Supreme Court: Opinion Link
Opinion Date: 11-29-2007
Opinion Author: Carlson, J.
Holding: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND THE JUDGMENT OF THE JACKSON COUNTY CIRCUIT COURT IS REINSTATED AND AFFIRMED

Additional Case Information: Topic: Personal injury - Weight of evidence
Judge(s) Concurring: SMITH, C.J., WALLER, P.J., EASLEY, DICKINSON, RANDOLPH AND LAMAR, JJ.
Dissenting Author : Diaz, P.J., with separate written opinion.
Dissent Joined By : Graves, J.
Procedural History: Jury Trial
Nature of the Case: CIVIL - PERSONAL INJURY
Writ of Certiorari: yes
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 12-06-2004
Appealed from: Jackson County Circuit Court
Judge: Dale Harkey
Disposition: A jury trial resulted in a verdict in favor of Floyd. Finding that the jury gave too much weight to a police accident report while disregarding the testimony of Fleming’s expert witness, the Court of Appeals reversed the final judgment of the Jackson County Circuit Court in favor of Floyd and remanded this case to the trial court for a new trial.
Case Number: CI 2000,00385(3)

Note: This opinion reverses a previous judgment by the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO36714.pdf

  Party Name: Attorney Name:  
Appellant: ELIZABETH M. FLEMING




ROBERT E. O’DELL



 

Appellee: BRANDY M. THOMAS FLOYD H. BENJAMIN MULLEN  

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Topic: Personal injury - Weight of evidence

Summary of the Facts: Elizabeth Fleming sued Brandy Thomas Floyd, alleging that Floyd’s negligence caused an accident resulting in injuries and damages to Fleming. A jury trial resulted in a verdict in favor of Floyd. Fleming appealed, and the Court of Appeals reversed and remanded for a new trial. The Supreme Court granted certiorari.

Summary of Opinion Analysis: The Court of Appeals found no merit in the first two issues, whether the opinion evidence contained in the accident report was admissible and whether there was sufficient evidence to support the jury verdict. There was no error in the Court of Appeals’ analysis and conclusions reached as to those issues. The third issue is whether the verdict was against the overwhelming weight of the evidence. The record shows that Fleming testified that she felt she was in her lane of travel (the westbound lane) at the time of impact. However, Fleming’s testimony is contradicted by her expert’s testimony. The expert testified that at the time of impact, Fleming was still in the process of pulling into the westbound lane and that Fleming had not gotten completely into the westbound lane. The reality of this case is that the jury had the benefit of the testimony of various witnesses, including Fleming, Floyd, and the expert. Not only did the testimony of Floyd conflict with that of Fleming, and not only did the testimony of Floyd conflict with that of the expert, but also Fleming’s testimony conflicted with that of her own expert, the accident reconstructionist. The Court of Appeals found that because Floyd did not have her own expert to rebut the testimony of Fleming’s expert, there was no jury issue as to liability. Such a conclusion is contrary to the law in Mississippi as to how the jury may consider expert testimony. Judging the expert’s testimony and weight to be accorded thereto is the province of the jury. Based on the instructions given in this case, the jurors were aware that, during deliberations, they could believe or disbelieve any part of, or all of, the testimony of any of the witnesses, including Fleming, Floyd and the expert. The jury verdict therefore is beyond the authority of an appellate court to disturb.


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