Koger v. Adcock
| Docket Number: | 2008-CA-01187-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-12-2010 Opinion Author: Carlton, J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Personal injury - Preexisting condition instruction Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Concur in Part, Concur in Result 1: Irving, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 10-26-2007 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: JURY VERDICT FOR THE DEFENDANT Case Number: 251-04-79CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Donald Koger |
DON H. EVANS, HARRY MERRITT MCCUMBER, CHRISTIE EVANS OGDEN |
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| Appellee: | Austin Adcock | CHRISTOPHER ROYCE SHAW, LAURA LOUISE HILL | ||
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 - Preexisting condition instruction |
| Summary of the Facts: | Donald Koger filed a complaint against Austin Adcock, alleging negligence and gross negligence stemming from an automobile accident. The jury returned a verdict in favor of Adcock. Koger appeals. |
| Summary of Opinion Analysis: | Koger argues that an instruction given to the jury was extremely misleading, a misstatement of the law, and a misstatement of the facts. The instruction as given provides a misleading and incorrect statement of the law as to the responsibility of aggravation of preexisting conditions caused by or contributed to by the negligence of another. The law provides that Koger is not entitled to damages for any injuries which existed at the time of the accident with Adcock. However, if Adcock’s negligence caused any aggravation of any preexisting injury to Koger, Adcock bears the responsibility for the portion of the injury or the aggravation of the injury that he caused; and the jury may be instructed to consider the aggravation of the injury. Moreover, where the jury cannot apportion the damages, the defendant may be liable for the whole amount of damages. The jury instruction misleads the jury on this point. The instruction implies that, because Koger suffered from degenerative disc disease before the accident occurred, Adcock could not be held liable for any condition caused by the degenerative disc disease. The language of the instruction essentially eliminates any jury question regarding the aggravation of any preexisting injury or condition or the extent of any preexisting injury to Koger. Further, although the instruction correctly informs the jury that Adcock cannot be held liable for Koger’s preexisting injuries, the instruction fails to instruct the jury as to Adcock’s responsibility for any aggravation of Koger’s preexisting degenerative disc disease caused by or contributed to by Adcock’s negligence. Examining the instructions as a whole, there is no other instruction which clarifies or explains the law regarding Koger’s preexisting condition. The jury should have been instructed as to Adcock’s responsibility if his negligence contributed to an aggravation of Koger’s asserted preexisting condition. |
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