Ill. Cent. R.R. Co., et al. v. Hawkins, et al.


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Docket Number: 2001-CA-01124-SCT

Supreme Court: Opinion Date: 10-03-2002
Opinion Author: SMITH,
Holding: AFFIRMED IN PART; REVERSED.& RENDERED IN PART

Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., WALLER, DIAZ, EASLEY AND CARLSON, JJ.,
Judge(s) Concurring Separately: GRAVES, J., CONCURS IN PART AND DISSENTS IN PART
Dissenting Author : COBB, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION.
Concurs in Result Only: McRAE, P.J.,
Procedural History: Jury Trial
Nature of the Case: Personal Injury

Trial Court: Date of Trial Judgment: 09-18-2000
Appealed from: Holmes County Circuit Court
Judge: Jannie M. Lewis
Disposition: The jury found ICR 85% liable, Bennett 5% liable, Wright 5% liable and Cox 5% liable. The trial court then found that there was sufficient evidence to allow the jury to consider the issue of punitive damages. The trial court did find that Winters was not eligible for punitive damages. The jury returned with a $5.2 million punitive damage verdict against ICR.

Note: PITTMAN, C.J., WALLER, DIAZ, EASLEY AND CARLSON, JJ., CONCUR. McRAE, P.J., CONCURS IN RESULT ONLY. GRAVES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. COBB, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION.

  Party Name: Attorney Name:  
Appellant: ILLINOIS CENTRAL RAILROAD COMPANY, HERBERT BENNETT AND J. R. WRIGHT




GLENN F. BECKHAM EDWARD BLACKMON, JR.



 

Appellee: DEMETRIUS HAWKINS; LUCIOUS ROBINSON, INDIVIDUALLY, AND AS FATHER AND NEXT FRIEND OF SHUNTAI ROBINSON, SHERITA ROBINSON, AND JUANITA ROBINSON, MINORS; KEVIN MABRY; TIBITHAL O. SELDERS; ALVIN P. HAYMER, JR.; DENNIS HAYMER; IRA HAYMER; MILLER HAYMER; ANNETTE HAYMER FORT; LARRY HAYMER; STEPHANIE HAYMER PERKINS; AND BERTHA LEE WINTERS PAT M. BARRETT, JR. ISAAC K. BYRD, JR. HIAWATHA NORTHINGTON  


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