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Classic Coach8/1/2002
will recover one-half of his recoverable damages. Because Classic Coach was found to have a fault greater than 50%, Classic Coach by law must pay the amount of damages directly proportionate to its allocation of fault. The Johnsons and McBrides need no protection to ensure they will recover one half of the recoverable damages because Classic Coach, under Miss. Code Ann. § 85-5-7(3) (1999), will pay 54% of the total damages.
. There is no reversible error in the calculation of total damages, as discussed below, but the trial judge did err in his interpretation of Miss. Code Ann. § 85-5-7 (1999). If this court finds that the trial judge committed no manifest error in his findings of fact, Miss. Code Ann. § 85-5-7(3) (1999) shall apply. Classic Coach was found to be 54% at fault, and because Classic Coach's liability is greater than 50%, Classic Coach shall pay, and shall only pay, its apportioned share of the total damages to the Johnsons and McBrides as provided in Miss. Code Ann. § 85-5-7(3) (1999).
III. Whether the Total Damages Awarded to Each Plaintiff Were So Grossly Excessive as to Go Against the Substantial Credible Evidence of the Trial.
. Classic Coach's final argument is the wrongful death awards granted by the trial judge were so grossly excessive that they should be considered outrageous and thus reduced. Classic Coach argues the trial judge erroneously relied on expert testimony regarding the national average used to determine future lost income, expert testimony regarding the correct consumption rate to be applied to each decedent and eyewitness testimony claiming Matthew was alive for a period of time after the accident and experienced conscious pain and suffering. Weighing all these factors, Classic Coach argues the total damages rendered by the trial judge were extremely excessive such that it should shock the conscience of this Court. Classic Coach asks that these total damage awards be reduced to an amount which compares to past Mississippi wrongful death awards.
. Larry was twenty-one, newly married, and a father of an infant son when he was killed. He had worked at Waffle House for several years, and he also played in a band. He was pursuing a major in biochemistry at the University of Central Arkansas and had recently been asked by his professors to join the Honors College. The total wrongful death damages awarded to the McBrides were $2,600,000.00. The court awarded the McBrides $958,472 in present economic value of income lost leaving $1,641,528.00 for other wrongful death damages.
. Matthew was survived by his parents and three sisters. He had recently left the University of Central Arkansas to earn money to finance his education. He had bought property which he intended to fix up and sell as rental property. The total wrongful death damages awarded to the Johnsons were $2,000,000.00. The court awarded the Johnsons $947,508 in present economic value of income lost leaving $1,052,492.00 for other wrongful death damages.
. C. David Channell, an expert in the field of economics, performed three analyses depending upon the level of education each decedent would have attained in order to complete his economic impact study to determine each decedent's earning capacity. The three approaches were based on minimum wage, average wage for a high school graduate and average wage for a college graduate. Channell testified the average wage for a college graduate was the most appropriate approach because there was no doubt both decedents would graduate from college. Channell used an average starting salary of $44,307.00, which he obtained from the 1997 Bureau of Census Table 9, for each decedent. The only difference in computati
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