Wansley v. Brent
| Docket Number: | 2010-CA-01045-COA Linked Case(s): 2010-CA-01045-COA ; 2010-CT-01045-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-13-2011 Opinion Author: Griffis, P.J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Personal injury - Comparative-fault instruction - Section 11-7-15 Judge(s) Concurring: Lee, C.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ. Dissenting Author : Irving, P.J. Dissent Joined By : Carlton, J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 12-23-2009 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: JURY VERDICT IN FAVOR OF BRENT FOR $55,000 Case Number: 251-08-362CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Lisa Wansley |
PHILIP W. GAINES
JAMES SCOTT ROGERS
JEREMY TRISTAN HUTTO
CHRISTOPHER DAVID MORRIS |
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| Appellee: | Victoria Brent | JOE N. TATUM | ||
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 - Comparative-fault instruction - Section 11-7-15 |
| Summary of the Facts: | Victoria Brent filed suit against Lisa Wansley in the County Court of Hinds County for personal injuries arising from a car accident. The jury returned a verdict in favor of Brent in the sum of $55,000. Wansley appealed, and the circuit court affirmed the judgment. Wansley appeals. |
| Summary of Opinion Analysis: | Wansley argues that the trial court’s rejection of the comparative-fault instruction constitutes reversible error because the instructions granted did not reflect Mississippi law on comparative fault, the instructions caused confusion among the jurors, and the instructions did not allow the defendant’s comparative-negligence theory of the case to be considered by the jury. Wansley is correct. Section 11-7-15 provides that in all actions hereafter brought for personal injuries, the fact that the person injured, may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property. Here, there was no admission of negligence by Wansley. Instead, Brent conceded there was a potential question of fact on the issue of negligence. Brent agreed that the jury should be allowed to consider Brent’s own negligence. Thus, by Brent’s own admission, her negligence was a factual issue for the jury to decide. When taken in their entirety, the jury instructions failed to instruct fairly or adequately the jury as to the law of comparative negligence and did not provide a format for an apportionment of fault or damages. Therefore, the case is reversed and remanded for a new trial. |
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