Ill. Cent. Gulf R.R. Co. v. Milward
Docket Number: | 2004-CA-00336-SCT Linked Case(s): 2004-CA-00336-SCT ; 2004-CA-00336-SCT |
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Supreme Court: | Opinion Link Opinion Date: 03-31-2005 Opinion Author: Easley, J. Holding: REVERSED AND RENDERED |
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Additional Case Information: |
Topic: Personal injury - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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Trial Court: |
Date of Trial Judgment: 01-20-2004 Appealed from: Quitman County Circuit Court Judge: Kenneth L. Thomas Disposition: Entered an altered or amended the jury verdict and entered judgment in amount of $662,268.96 for Appellee. Case Number: 99-0073-T |
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Note: | MOTION FOR REHEARING FILED: 04/14/2005; DENIED AND OPINION MODIFIED AT ¶¶ 35-38 - 06/09/2005 |
Party Name: | Attorney Name: | |||
Appellant: | Illinois Central Gulf Railroad Company |
HARRIS FREDERICK POWERS, III
GLENN F. BECKHAM |
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Appellee: | William K. Milward | WILLIAM K. DUKE BARBARA MILLER DOLLARHIDE |
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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. |
Topic: | Personal injury - Sufficiency of evidence |
Summary of the Facts: | William Milward filed a complaint against Illinois Central Gulf Railroad Company and two crew members, J.A. Whitaker and J.M. Cobb, in the Quitman County Circuit Court, for injuries and damages received as a result of a car train accident at the Green River Road rail crossing in DeSoto County. The court denied in part and granted in part Illinois Central’s motion for summary judgment, and the case was tried solely on Milward’s claim that Illinois Central negligently maintained the crossing. The jury returned a verdict finding Milward to be 40% at fault for the accident, Illinois Central to be 60% at fault and Milward’s total damages to be $662,268.96. The court entered judgment in amount of $662,268.96, and Illinois Central appeals. |
Summary of Opinion Analysis: | Illinois Central argues that the evidence is insufficient. Milward failed to establish the necessary elements to establish a claim against Illinois Central. Milward’s own testimony established that he drove into the side of the train due to the weather conditions. Milward’s testimony even contradicted the testimony of his expert witness. Milward testified that, but for the weather conditions, he could have seen the train. Milward testified that he had been drinking that evening. He also stated that he would not have considered pulling off the road or stopping under any condition. His testimony provided that he was not looking forward when he hit the side of the train, his windshield wipers did not clear the rain and his headlights could not penetrate the rain. He was familiar with the area and knew he was approaching the train tracks. Based on the evidence, the court erred in denying Illinois Central’s motion for J.N.O.V. |
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