Blossman Gas, Inc. v. Shelter Mut. Gen. Ins. Co.
| Docket Number: | 2004-IA-01364-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-19-2006 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Insurance - M.R.C.P. 59 - Weight of evidence Judge(s) Concurring: Waller, P.J., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Cobb, P.J., Diaz, Graves and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - INSURANCE |
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| Trial Court: |
Date of Trial Judgment: 06-22-2004 Appealed from: Wayne County Circuit Court Judge: Larry Eugene Roberts Disposition: Jury returned a verdict in favor of Appellant; however, Appellee filed a Motion for a New Trial, which the court granted Case Number: CV99-143-R |
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| Party Name: | Attorney Name: | |||
| Appellant: | Blossman Gas, Inc. |
TIMOTHY D. MOORE, EDWARD J. CURRIE, JR. |
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| Appellee: | Shelter Mutual General Insurance Company | SAMUEL S. McHARD |
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| Topic: | Insurance - M.R.C.P. 59 - Weight of evidence |
| Summary of the Facts: | Shelter Mutual General Insurance Company filed suit against Blossman Gas Incorporated. Shelter sought reimbursement from Blossman in a subrogation claim for the money paid on a homeowners’ insurance policy. Shelter alleged Blossman was responsible for the fire at the homeowner’s home. The jury returned a verdict in favor of Blossman. After the jury submitted its verdict, Shelter filed a motion for a new trial. The circuit court granted the motion in accordance with Rule 59 of the Mississippi Rules of Civil Procedure. As a result, Blossman filed this interlocutory appeal. |
| Summary of Opinion Analysis: | M.R.C.P. 59 authorizes the trial court to set aside a jury verdict and grant a new trial whenever justice requires. As the trial commenced, Shelter and Blossman asserted competing theories as to the cause of the fire that destroyed the home. Shelter alleged an explosion and ensuing fire occurred in the home due to a gas leak caused by Blossman’s faulty installation of an LP gas fireplace. On the other hand, Blossman offered a theory that the cause of the fire could not be legitimately determined, and regardless, the LP gas fireplace was properly installed. In addition, Blossman maintained there is no evidence to indicate an explosion took place. At trial, Shelter’s experts maintained that an improperly installed connector on the fireplace leaked gas into an area behind the unit until the concentration of gas was enough to ignite and cause an explosion. A verdict is deemed against the overwhelming weight of the evidence when no reasonable hypothetical juror could have reached the conclusion of the jury. The case at bar is fact driven, and the totality of the evidence is overwhelmingly in Shelter’s favor. This is not a case where the evidence presented at trial was in dispute and differing conclusions could be reached. The trial judge wisely and promptly dictated his personal thoughts on this issue to the court reporter immediately after trial, while it was fresh on his mind, due to his concerns about the proof, as well as bias and prejudice of the jury in deciding its verdict in favor of Blossman. In light of the overwhelming evidence, the trial court did not abuse its discretion in ordering a new trial. |
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