Coho Resources, Inc. and Gary Cockrell v. Luther McCarthy


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Docket Number: 1997-CA-01447-SCT
Linked Case(s): 1997-CA-01447-SCT

Supreme Court: Opinion Date: 06-27-2002
Opinion Author: COBB,
Holding: AFFIRMED IN PART; REVERSED AND RENDERED IN PART-

Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, J.J.,
Dissenting Author : McRAE, P.J., DIAZ, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION
Dissent Joined By : JOINED BY DIAZ AND EASLEY, JOINED BY McRAE, P.J., EASLEY AND GRAVES, JJ.JJ
Procedural History: Jury Trial
Nature of the Case: Wrongful Death

Trial Court: Date of Trial Judgment: 10-14-1997
Appealed from: Jasper County Circuit Court
Judge: Robert G. Evans
Disposition: After the trial, the jury awarded McCarthy's estate $3,500,000, Bobby Stroo $1,500,000, and Patti Stroo $10,000. the trial court found the verdicts in favor of McCarthy and Bobby Stroo so large that they "were the product of bias, passion and prejudice on the part of the jury and shocked the conscience of the court," and ordered McCarthy's award reduced to $2,750,000 and Bobby Stroo's award reduced to $840,000. The trial court also awarded McCarthy's estate, Bobby Stroo and Patti Stroo prejudgment interest at rate of eight percent per annum

Note: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, J.J., CONCUR. McRAE, P.J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ AND EASLEY, JJ. DIAZ, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY McRAE, P.J., EASLEY AND GRAVES, JJ.

  Party Name: Attorney Name:  
Appellant: COHO RESOURCES, INC. AND GARY COCKRELL




BRENDA B. BETHANY C. MICHAEL ELLINGBURG



 

Appellee: LUTHER McCARTHY, ADMINISTRATOR OF THE ESTATE OF KELVIN DALE McCARTHY, DECEASED; AND BOBBY STROO AND WIFE, PATTI STROO JAMES W. NOBLES, JR. TRAVIS T. VANCE, JR. THOMAS L. TULLOS PAUL BRYANT CASTON JOHN M. DEAKLE JOHN MICHAEL SIMS WILLIAM R. COUCH  


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