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Alpha Gulf Coast12/13/2001
DATE OF JUDGMENT: 11/18/1999
TRIAL JUDGE: HON. BETTY W. SANDERS
COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - OTHER
DISPOSITION: AFFIRMED - 12/13/2001
EN BANC.
. On September 30, 1997, Charles Jackson ("Jackson"), sued Alpha Gulf Coast, Inc. d/b/a Bayou Caddy's Jubilee Casino ("Alpha") in the Circuit Court of Washington County, alleging that he was falsely charged, arrested and prosecuted for the crime of disorderly conduct and sought damages. Following discovery and pretrial motions, a jury trial was conducted in the Circuit Court of Washington County, Greenville, Mississippi on September 15 and 16, 1999. At the close of Jackson's case, Alpha moved for a directed verdict. The motion was denied by the trial court. The case was submitted to the jury, and a verdict was returned for Jackson in the amount of $1,000,000.00 in compensatory damages. After the trial on compensatory damages, the trial judge ruled that the issue of punitive damages should not go to the jury for consideration.
. On September 30, 1999, Alpha filed a Motion for Judgment Notwithstanding the Verdict or Alternatively a New Trial. On November 21, 1999, the trial court granted the motion for a new trial unless Jackson accepted a remittitur of $500,000.00. On December 6, 1999, Jackson accepted the remittitur of $500,000.00. From the judgment entered on the jury verdict and subsequent remittitur, Alpha appeals and Jackson cross-appeals.
STATEMENT OF ISSUES
1. Did the Court err in failing to grant Alpha's Motion for Directed Verdict and/or Motion for Judgment notwithstanding the verdict?
2. Was the jury's verdict on the issue of damages against the overwhelmingweight of the evidence?
3. Did the Court err in failing to grant Alpha's Motion for New Trial on Damages without a remittitur?
4. Did the Court err in failing to grant a larger remittitur?
5. Was the Plaintiff's closing argument inflammatory?
6. Did the trial court err in allowing Jackson to testify that he would haveto report his arrest to the United States Army in future securityclearance applications?
7. Did the trial court err in allowing Jackson to introduce evidence of hisevaluations as an Army officer into evidence?
8. Did the trial court err in refusing to grant Alpha's Motion for Leave toQuestion the Jurors?
Cross-appeal statement of issues
1. The trial court erred in failing to grant Plaintiff's Jury InstructionNumber P-10, Subsection (7) requesting damages for mental anguish andemotional trauma caused by the arrest and prosecution of the Plaintiff.
2. The trial court erred in failing to allow Plaintiff to present evidenceconcerning the wrongful conduct of the Defendant in relationship to punitive damages and in failing to grant Plaintiff's Jury Instructions P-11, P-12, and P-13.
3. The Trial Court erred in failing to allow the Plaintiff to introduceevidence of existence of a video tape of the blackjack table (surveillancedaily log sheets) and in failing to grant Plaintiff's Jury Instruction P-5.
4. The Court erred in reducing the verdict of the Jury by Order of Remittitur in the sum of $500,000.00.
FACTS
. Paul Andrzejeweski (Andrzejeweski), an employee for Jubilee Casino and adverse witness, was called as Jackson's first witness. On the night of November 29, 1996, Andrzejeweski was working as a dealer for the casino. Jackson was sitting at the blackjack table that Andrzejeweski was working on his 7:00 p.m. to 3:00
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