Coleman v. Jitney Jungle Stores of Amer., Inc.


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Docket Number: 2003-CA-00314-COA

Court of Appeals: Opinion Link
Opinion Date: 11-09-2004
Opinion Author: Griffis, J.
Holding: Reversed and remanded for a new trial

Additional Case Information: Topic: Personal injury - Premises liability - JNOV
Judge(s) Concurring: Lee, P.J., Chandler, Barnes and Ishee, JJ.
Judge(s) Concurring Separately: Barnes, J., Joined by Lee, P.J., Chandler and Ishee, JJ.
Dissenting Author : King, C.J.
Dissent Joined By : Bridges, P.J., Irving and Myers, JJ.
Procedural History: JNOV
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 01-29-2003
Appealed from: Hinds County Circuit Court
Judge: W. Swan Yerger
Disposition: DEFENDANT'S MOTION FOR JNOV IS GRANTED. IN THE ALTERNATIVE, SHOULD THE JNOV BE REVERSED ON APPEAL THEN DEFENDANT'S MOTION FOR A NEW TRIAL IS CONDITIONALLY GRANTED ON ISSUES OF LIABILITY AND DAMAGES.
Case Number: 251-00-672 CIV

  Party Name: Attorney Name:  
Appellant: Martha E. Coleman




CHARLES ERIC MALOUF MICHAEL J. MALOUF MELISSA ANN MALOUF



 

Appellee: Jitney Jungle Stores of America, Inc. F. HALL BAILEY ROBERT H. PEDERSEN  

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Topic: Personal injury - Premises liability - JNOV

Summary of the Facts: While shopping in a Jitney Jungle store, Martha Coleman was injured when she slipped and fell to the floor. Coleman, who was 63 years old and eighteen months shy of retiring, was unable to return to work where she had been employed for twenty-five years. She filed suit, and the jury returned a verdict for Coleman in the amount of $544,000. After a judgment was entered, Jitney Jungle filed a motion for judgment notwithstanding the verdict and/or in the alternative for a new trial. The court granted the motion for judgment notwithstanding the verdict and also conditionally granted a new trial, should the motion for judgment notwithstanding the verdict be reversed on appeal. Coleman appeals.

Summary of Opinion Analysis: Coleman argues that the jury could make an inference that Coleman fell in water that came from a freezer that had a history of leaking. In a premises liability case, Coleman was required to prove a negligent act by Jitney Jungle caused her injury; Jitney Jungle had actual knowledge of a dangerous condition but failed to warn her of the danger; or the dangerous condition remained long enough to impute constructive knowledge to Jitney Jungle. Jitney Jungle's store manager testified that the freezer on aisle 6 had leaked at least a year and a half, that the freezer had a history of leaking, that he and other employees knew the freezer leaked, and that it was never repaired, replaced or removed. The parties main dispute was the identity of the precise aisle on which Coleman fell. The jury resolved the conflicting evidence on this disputed issue of fact in favor of Coleman. Because the jury sits as finders of fact, its findings are entitled to substantial deference. Because a reasonable jury could not only find for Jitney Jungle under the law, the court erred in granting Jitney Jungle's motion for judgment notwithstanding the verdict. With regard to the court’s conditional order, an order for new trial in a civil action based upon any factor other than the excessiveness or inadequacy of the verdict amount is an interlocutory determination that is not the proper subject of an appeal as a matter of right. The case is remanded for a new trial.


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