Dupree v. Plantation Pointe, L.P.
| Docket Number: | 2002-CA-00556-COA Linked Case(s): 2002-CT-00556-SCT ; 2002-CT-00556-SCT ; 2002-CT-00556-SCT ; 2002-CT-00556-SCT ; 2002-CT-00556-SCT ; 2002-CT-00556-SCT ; 2002-CA-00556-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-09-2003 Opinion Author: Myers, J. Holding: Affirmed in Part and Reversed and Remanded in Part. |
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| Additional Case Information: |
Topic: Personal injury - Sexual assault - Weight of evidence - Mental and emotional damages Judge(s) Concurring: King, P.J., Bridges, Thomas, Irving and Chandler, JJ. Non Participating Judge(s): Lee, J. Concur in Part, Dissent in Part 1: Griffis, J. Concur in Part, Dissent in Part Joined By 1: McMillin, C.J. and Southwick, P.J. Procedural History: Jury Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 02-12-2002 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: VERDICT IN FAVOR OF APPELLEE Case Number: 01-CV-00007(R) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Shelia Dupree, Individually, and as Conservator of the Person and Estate of Annie Sanders |
TYLVESTER OTIS GOSS
CONSTANCE SLAUGHTER HARVEY |
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| Appellee: | Plantation Pointe, L.P. d/b/a The Windsor Place | JAMES P. STREETMAN WADE G. MANOR |
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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 - Sexual assault - Weight of evidence - Mental and emotional damages |
| Summary of the Facts: | Shelia Dupree sued Plantation Pointe, L.P. individually and on the behalf of her mother, Annie Sanders, after Sanders was sexually assaulted at Windsor Place nursing home, a business of Plantation Pointe. The judge granted a directed verdict on the issue of mental and emotional damages of Dupree, and a jury verdict was returned in favor of Plantation Pointe on the other claims. Dupree appeals. |
| Summary of Opinion Analysis: | Issue 1: Motion for new trial Dupree argues that the court erred in denying her motion for a new trial. A motion for a new trial should only be employed in those rare cases when there would be injustice either in allowing the verdict to stand or in granting a JNOV. Here, the judge abused his discretion when he failed to grant a new trial. The testimony is uncontradicted that Sanders was a resident at the Windsor Place and that she was unable to care for or protect herself. She was sexually assaulted by another resident who was known to wander into other resident's rooms and to be abusive, both with physical violence and crude sexual displays and comments. Uncontradicted testimony from current and former employees of the Windsor Place substantiate this. The overwhelming weight of the evidence shows the nursing home employees were aware of the potential danger the resident posed and did not take action to prevent it. Issue 2: Mental and emotional damages Dupree argues that the court erred in directing a verdict on mental and emotional damages. The factors in determining whether a defendant should reasonably foresee injury to a plaintiff include whether plaintiff was located near the scene of the accident as contrasted with one who was a distance away from it; whether the shock resulted from a direct emotional impact upon plaintiff from the sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence; and whether plaintiff and the victim were closely related, as contrasted with an absence of any relationship or the presence of only a distant relationship. Because Dupree was not near the assault scene, the court ruled correctly. |
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