Thompson v. Lee County Sch. Dist.
| Docket Number: | 2003-CT-02395-SCT Linked Case(s): 2003-CA-02395-COA ; 2003-CT-02395-SCT ; 2003-CT-02395-SCT ; 2003-CT-02395-SCT ; 2003-CA-02395-COA |
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| Supreme Court: | Opinion Link Opinion Date: 01-19-2006 Opinion Author: Carlson, J. Holding: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED, AND THE JUDGMENT OF THE LEE COUNTY CIRCUIT COURT IS REINSTATED AND AFFIRMED |
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| Additional Case Information: |
Topic: Personal injury - Contributory negligence - Section 63-3-805 - Damages Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Randolph, J. Dissent Joined By : Cobb, P.J., and Graves, J. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-09-2003 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: DEFENDANT GEORGE GREGORY DISMISSED. PLAINTIFF AWARDED JUDGMENT AGAINST LEE COUNTY SCHOOL DISTRICT IN THE AMOUNT OF $200,000. PLAINTIFF FOUND TO BE 50% CONTRIBUTORILY NEGLIGENT, THUS REDUCING THE TOTAL AMOUNT AWARDED BY $100,000. TOTAL AMOUNT OF JUDGMENT $100,000. Case Number: CV99-245(G)L |
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| Note: | The supreme court found that the Court of Appeals erred in reversing the trial court’s finding of contributory negligence by Joey, and rendering judgment for Joey on the issue of negligence, and further further found the Court of Appeals erred in reversing the trial court’s assessment of damages in the total amount of $200,000 and remanded the case to the trial court for a new trial as to damages. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Thompson, By and Through His Mother and Next Friend, Nancy Thompson |
J. MARK SHELTON
JANA DAWSON |
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| Appellee: | Lee County School District | WILLIAM C. MURPHREE GARY L. CARNATHAN |
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| Topic: | Personal injury - Contributory negligence - Section 63-3-805 - Damages |
| Summary of the Facts: | Joseph Thompson, by and through his mother and next friend, Nancy Thompson, filed suit against George Gregory and the Lee County School District for injuries from an accident involving a vehicle driven by Thompson and a Lee County school bus driven by Gregory. After a bench trial, the circuit court found Lee County liable for the accident and assessed damages in the amount of $200,000; and Thompson fifty percent contributorily negligent. Judgment was entered against Lee County and in favor of Thompson in the amount of $100,000. Thompson appealed, and the Court of Appeals reversed the trial court’s assignment of comparative negligence to Thompson; rendered judgment in favor of Thompson and against Lee County on the issue of negligence; reversed the trial court’s award of damages as inadequate and unreasonable; and remanded the case for a new trial as to damages. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Contributory negligence The Court of Appeals held that the trial court erred in finding Joey was guilty of contributory negligence. Much of the Court of Appeals’ opinion on this issue focused on the trial court’s finding that Joey was most likely speeding at the time of the accident. Section 63-3-805 requires the driver of a vehicle approaching an intersection with a through highway and being confronted with a stop sign to stop. Proceeding cautiously, once the driver of the vehicle determines there are no vehicles on the through highway which pose an immediate hazard, that driver may proceed to enter the through highway. The drivers of vehicles traveling on the through highway and approaching the intersection shall yield the right-of-way to the vehicle which is proceeding into or across the through highway. The opinion of the Court of Appeals fails to include any discussion of this statute. The record includes legally sufficient evidence for the trial judge to conclude the collision occurred in Joey’s lane of travel. This evidence would certainly go to the issue of whether Joey was contributorily negligent. If a person is adhering to the statutory mandate of Section 63-3-805 when operating a motor vehicle on the roads and highways of this state, that person is engaging in an exercise of common sense. Just because a person may be driving on a through highway with the lawful right-of-way to proceed through an intersection with another road where there are located stop signs, does not mean that person may approach and enter the intersection with impunity and without exercising caution. The trial court’s finding of contributory negligence on the part of Joey is not manifestly wrong and is supported by substantial and credible evidence. Issue 2: Damages Joey argues that the court’s assessment of his total damages of $200,000 is unconscionably insufficient and inadequate. That Joey was seriously injured is not in dispute – the extent of his injuries and his recovery is disputed. As the fact-finder in the bench trial, the trial judge was presented with a “classic jury case” based on conflicting testimony regarding the extent of Joey’s injuries and the extent of his recovery. The appellate court is required to determine whether the trial judge’s assessment of damages was so unreasonably low and outrageous that his judgment must be reversed and the case remanded for a new trial as to damages. The answer in this case is no. Therefore, the trial court’s total damage award in the amount of $200,000 is affirmed. |
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