HWCC-Tunica, Inc. v. Jenkins
| Docket Number: | 2003-CT-00267-SCT Linked Case(s): 2003-CA-00267-COA ; 2003-CT-00267-SCT ; 2003-CT-00267-SCT ; 2003-CA-00267-COA |
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| Supreme Court: | Opinion Link Opinion Date: 06-09-2005 Opinion Author: Dickinson, J. Holding: The Judgment of the Court of Appeals is Reversed and the Judgment of the Tunica County Circuit Court is Reinstated and Affirmed. |
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| Additional Case Information: |
Topic: Personal injury - Oral jury instructions - M.R.C.P. 51(c) - URCCC 3.07 & 3.10 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley and Graves, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 09-26-2002 Appealed from: Tunica County Circuit Court Judge: Al Smith Disposition: The trial judge orally instructed the jury as a means of clarifying the written instructions after both parties requested such oral instructions. Case Number: 99-0187-AS |
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| Note: | The supreme court reasoned that even if the judge erroneously instructed the jury, it could not hold that there was harm since both parties admitted that the instructions were adequate, neither party objected to the nature or form of the instructions, the oral instructions followed the written instructions and were not incorrect statements of the law. | |
| Party Name: | Attorney Name: | |||
| Appellant: | HWCC-Tunica, Inc. d/b/a Hollywood Casino |
JOSEPH WALKER SIMS, ALFRED THOMAS TUCKER, JR. |
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| Appellee: | Brenda Jenkins | GENE BARTON |
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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: | Personal injury - Oral jury instructions - M.R.C.P. 51(c) - URCCC 3.07 & 3.10 |
| Summary of the Facts: | While at Hollywood Casino, Brenda Jenkins slipped and fell. She sued the casino, and the jury returned a verdict in her favor for $100,000. It took three attempts for the jury to return the verdict in the correct form. On appeal, the Court of Appeals held that the trial judge committed reversible error in resubmitting the special verdict to the jury with oral instructions instead of written instructions. Jenkins filed a petition for writ of certiorari which the Supreme Court granted. |
| Summary of Opinion Analysis: | Although M.R.C.P. 51(c) and URCCC 3.07 & 3.10 require jury instructions to be in writing, an appellant cannot complain on appeal of alleged errors which he invited or induced. In addition, an issue is deemed waived for appeal unless a contemporaneous objection was made at trial. Even if the judge in this case erroneously instructed the jury, there was no harm since both parties admitted that the instructions were adequate, neither party objected to the nature or form of the instructions, the oral instructions followed the written instructions and were not incorrect statements of the law. |
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