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Patterson v. Vend Foods Inc.6/29/1999
DATE OF JUDGMENT: 07/30/1997
TRIAL JUDGE: HON. THOMAS J. GARDNER II
COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: JUDGMENT FOR VEND FOODS
DISPOSITION: REVERSED AND RENDERED IN PART; REVERSED AND REMANDED IN PART
FOR THE COURT:
PROCEDURAL HISTORY
Patterson filed her complaint against Vend Foods, Inc., and its employee, Timmy Spradlin, in the Circuit Court of Lee County, Mississippi on June 30, 1995. A jury trial was held on July 21 and 22, 1997. After hearing the evidence, the jury voted in favor of Vend Foods, Inc. On August 4, 1997, the circuit court entered judgment for Vend Foods, Inc. Feeling aggrieved by the jury verdict, Patterson moved for a judgment notwithstanding the verdict and for a new trial. The trial court overruled these motions. Feeling further aggrieved, Patterson perfected her appeal.
After thorough review, we find the verdict of the jury is contrary to the law in Mississippi regarding Miss. Code Ann. ยง 63-3-619 (Rev. 1994), and the trial court erred in not granting Patterson's JNOV and new trial. Accordingly, we must reverse and render on liability and remand for a new trial on damages only.
FACTS
On May 13, 1993, Willielean Patterson was driving her car in a northerly direction on Gloster Street in Tupelo, Mississippi when she was rear-ended by Timmy Spradlin. At the time of the automobile collision, Timmy Spradlin was an employee of Vend Foods, Inc. and driving a van owned by Vend Foods, Inc. The undisputed evidence at trial was that Gloster Street is populated with commercial businesses.
Concerning the time of the automobile accident, Patterson testified that the car immediately preceding her turned into either a Wendy's or a McDonald's restaurant. She stopped. Thereafter, she witnessed a van coming toward her in the same direction that she was driving. In her own words she stated that " he light was changing and I was like is he still coming. So, I grabbed my steering wheel, just I grabbed the steering wheel and braced myself." Following the collision, she stated that she had pain " n the back of my neck, it was a pain." She stated that she was "hysterical" and "crying."
Donald Tucker, a disinterested local witness to the collision, testified that he had pulled up to the carry out window of the Krystal Restaurant and was in the process of placing an order. With his view unimpeded, he witnessed the van driven by Spradlin collide with the car driven by Patterson. Tucker stated on direct examination:
"I saw a white colored van pick up the speed, traveling approximately 35 to 45 miles per hour, and it hit the rear end of the vehicle, causing loud noise on impact. And at that time, like I say, I was standing at McDonald's -- I mean at the Krystal's, and I ran down at that time to respond to what had occurred there to see if anybody might be hurt."
After reaching the scene of the collision, Tucker stated that he spoke with Patterson. He indicated that Patterson was in "pain" and " he was saying that her back and neck was hurting, and she was crying. And I tried to comfort her at that time."
Timmy Spradlin's review of what occurred that day varies significantly from the testimony offered by Patterson and her chief witness, Donald Tucker. Spradlin indicated that he was behind two vehicles, all of which were stopped at a red light on Gloster Street. Thereafter, he stated:
"Well, the light changed and we proceeded to go. We got nearly to the McDonald's turn-in, the first one, the
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