Sutherlands Lumber & Home Ctr., Inc. v. Whittington
Docket Number: | 2002-CA-00789-COA Linked Case(s): 2002-CT-00789-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 08-19-2003 Opinion Author: Lee, J. Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART |
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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 |
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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 |
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Appellee: | Felicia Whittington | RHONDA C. COOPER CALVIN C. WILLIAMS |
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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. |
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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