Sutherlands Lumber & Home Ctr., Inc. v. Whittington


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Docket Number: 2002-CA-00789-COA
Linked Case(s): 2002-CT-00789-SCT

Court of Appeals: Opinion Link
Opinion Date: 08-19-2003
Opinion Author: Lee, J.
Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART

Additional Case Information: Topic: Personal injury - Weight of evidence - Jury instruction
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers and Griffis, JJ.
Non Participating Judge(s): Chandler, J.
Procedural History: Jury Trial
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 03-05-2002
Appealed from: Hinds County Circuit Court
Judge: Winston Kidd
Disposition: VERDICT FOR THE PLAINTIFF IN THE AMOUNT OF $275,000 IN COMPENSATORY DAMAGES.
Case Number: 251-98-779CIV

  Party Name: Attorney Name:  
Appellant: Sutherlands Lumber & Home Center, Inc.




JAN F. GADOW H. GRAY LAIRD III JAMIE DEON TRAVIS



 

Appellee: Felicia Whittington RHONDA C. COOPER CALVIN C. WILLIAMS  

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Topic: Personal injury - Weight of evidence - Jury instruction

Summary of the Facts: Felicia Whittington was injured when a Sutherlands employee dropped a sink on her while she was shopping at a Sutherlands store. Whittington sued Sutherlands, and the jury returned a verdict in Whittington's favor in the amount of $275,000. Sutherlands appeals.

Summary of Opinion Analysis: Issue 1: Weight of evidence Sutherlands argues that the verdict is against the weight of evidence, because Whittington did not prove the existence of a head injury at the time of the accident. Three witnesses on the scene testified that Whittington did not hit her head. Whittington, herself, did not report a head injury or loss of consciousness to the paramedic or to the emergency room physicians. While there was ample evidence for the jury to find that Whittington did injure her knee, given the lack of any evidence of a head injury to Whittington, the court abused its discretion in failing to grant a new trial. Issue 2: Jury instruction Sutherlands argues that the jury was confused by a faulty jury instruction. It is the duty of the appellant to ensure that all issues necessary to his appeal are included in the record. Sutherlands failed to provide a copy of any jury instructions in its brief.


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