Mack Trucks, Inc. & Cummings Engine Co., Inc. v. Tackett


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Docket Number: 1998-CA-00419-SCT
Linked Case(s): 1998-CA-00419-SCT ; 1998-CA-00419-SCT

Supreme Court: Opinion Date: 03-27-2003
Opinion Author: COBB,
Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART

Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, JJ., GRAVES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.
Dissenting Author : McRAE, P.J.,
Dissent Joined By : DIAZ AND EASLEY, JJ.
Concurs in Result Only: GRAVES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.
Procedural History: Jury Trial
Nature of the Case: Wrongful Death

Trial Court: Date of Trial Judgment: 11-26-1997
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Barry Ford
Disposition: The jury assessed total damages of $1.8 million. In formulating the judgment the trial court applied the settlement proceeds from the other defendants, totaling $330,000, to reduce the damages assessed to $1,470,000. After deducting 60% of that amount for the fault attributed to Murphree, it arrived at recoverable damages of $588,000. Since the fault attributed to Wilburn Oil was uncollectible due to the employer's immunity under our workers’ compensation law, Mack and Cummins were determined to be jointly and severally liable to the extent necessary to allow a recovery of 50% of recoverable damages, to wit, $294,000.The trial court then allocated the $294,000 between Mack and Cummins in proportion to their relative percentages of fault, that is, a ratio of 3 to 1, and entered judgment against Mack for $220,500 and against Cummins for $73,500.

Note: The motion for rehearing is granted. The original opinions are withdrawn, and this opinion substituted therefor. PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, JJ., CONCUR. GRAVES, J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ AND EASLEY, JJ.

  Party Name: Attorney Name:  
Appellant: MACK TRUCKS, INC. AND CUMMINS ENGINE COMPANY, INC.




H. MITCHELL COWAN JOSEPH J. STROBLE MICHAEL D. CHASE L. F. SAMS WILLIAM C. SPENCER POPE SHANNON MALLETTE



 

Appellee: BOBBI TACKETT, WRONGFUL DEATH BENEFICIARY OF TONY JOE MURPHREE E. FARISH PERCY GARY L. CARNATHAN GRADY F. TOLLISON  


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