Miss. Power & Light Co. v. Cook


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Docket Number: 2001-CA-00079-SCT
Supreme Court: Opinion Date: 12-05-2002
Opinion Author: SMITH,
Holding: AFFIRMED IN PART AS TO COMPENSATORY DAMAGES; PUNITIVE DAMAGES REMITTED TO $500,000 AND AFFIRMED AS REMITTED IF SUCH REMITTITUR IS ACCEPTED BY KENNETH D. COOK WITHIN TEN (10) DAYS AFTER JUDGMENT OF THIS COURT IS FINAL; IF REMITTITUR IS NOT ACCEPTED PUNITIVE DAMAGE AWARD IS REVERSED AND REMANDED FOR A NEW TRIAL ON PUNITIVE DAMAGES ONLY; VACATED AND REMANDED AS TO ATTORNEYS' FEES
Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ., EASLEY, J., CONCURS IN PART.
Dissenting Author : DIAZ, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION
Dissent Joined By : McRAE, P.J., AND GRAVES, J.
Procedural History: Jury Trial
Nature of the Case: Worker's Comp
Trial Court: Date of Trial Judgment: 10-10-2000
Appealed from: Hinds County Circuit Court
Judge: Tomie Green
Disposition: The jury returned a verdict for Cook for $150,000 in actual damages and $5,000,000 in punitive damages. Final judgment was entered on October 10, 2000, in favor of Cook. Thereafter, Cook filed a Motion to Assess Attorneys’ Fees and Pre-Judgment Interest and was awarded $2,060,000. MP&L filed a Motion for Judgment Notwithstanding the Verdict, or, in the alternative for a New Trial. The trial court denied those motions on November 28, 2000, and this appeal followed.
Note: PITTMAN, C.J., WALLER, COBB AND CARLSON, JJ., CONCUR. EASLEY, J., CONCURS IN PART. DIAZ, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY McRAE, P.J., AND GRAVES, J.
  Party Name: Attorney Name:  
Appellant: MISSISSIPPI POWER & LIGHT CO.




 ANDREW D. SWEAT NATIE P. CARAWAY JAMES LAWTON ROBERTSON JAMES W. SNIDER, JR.



  
Appellee: KENNETH D. COOK GEORGE McDOWELL YODER, III JOHN G. HOLADAY JAMES A. WOODS, JR. MARY MARGARET WAYCASTER TIM WAYCASTER DAVID WAYNE BARIA  


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