Miss. Dep't of Pub. Safety v. Durn
| Docket Number: | 2004-CA-01763-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-26-2005 Opinion Author: Easley, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Personal injury - Supreme Court mandate - Comparative fault Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Randolph, JJ. Non Participating Judge(s): Diaz and Dickinson, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
|
| Trial Court: |
Date of Trial Judgment: 08-19-2004 Appealed from: Sunflower County Circuit Court Judge: W. Ashley Hines Disposition: Enumerated specific facts in its decision to support finding that Durn was not at fault for the accident considering the question of comparative fault on remand. Case Number: 2000-0504- |
|
| Consolidated: Consolidated with 2002-CA-01270-SCT Mississippi Department of Public Safety v. Sammie L. Durn; Sunflower Circuit Court; LC Case #: 2000-0504-CI; Ruling Date: 05/21/2002; Ruling Judge: W. Ashley Hines | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Department of Public Safety |
BENJAMIN E. GRIFFITH,
CHRISTOPHER F. POWELL |
||
| Appellee: | Sammie L. Durn | STEVEN TODD JEFFREYS, J. KIRKHAM POVALL |
|
|
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. |
|
| Topic: | Personal injury - Supreme Court mandate - Comparative fault |
| Summary of the Facts: | This case was previously remanded to the trial court by the Supreme Court for a determination as to whether comparative fault should be assigned to Durn, and whether the award of damages should be reduced accordingly. The Supreme Court affirmed the trial court’s decision as to the amount of damages and the trial court's findings that State Trooper Reginald Lantern acted in reckless disregard of Durn's safety and well-being and that Durn was not engaged in criminal activity at the time of the accident. On remand, the trial court found that Durn was not at fault for causing the accident and the damages should not be altered based on comparative fault. The Department of Public Safety appeals. |
| Summary of Opinion Analysis: | The Department of Public Safety argues that the court erred by not determining as instructed the extent to which Durn was comparatively negligent. The case was remanded for the trial court to consider if comparative fault should be assigned to Durn. The trial court did just that and addressed the issue of comparative fault on remand. Since the court complied with the directives of the Supreme Court, its judgment is affirmed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
