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Rose v. Clenney6/29/1999
DATE OF JUDGMENT: 02/02/1998
TRIAL JUDGE: HON. KOSTA N. VLAHOS
COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY TRIAL COURT DISPOSITION: DENIAL OF APPELLANT'S MOTION FOR ADDITUR/IN THE ALTERNATIVE/FOR NEW TRIAL ON DAMAGES.
DISPOSITION: AFFIRMED
FOR THE COURT:
.James Rose brought a negligence action in the County Court of Harrison County against William Clenney. The suit arose from an automobile accident. A jury awarded $1,276.64 in damages; Rose's request for an additur or new trial was denied. After that judgment was affirmed by the circuit court, Rose has appealed here seeking a grant of an additur or a new trial, and arguing that there was an improper jury instruction. We do not find reversible error and affirm.
FACTS
.On July 10, 1994, automobiles driven by Rose and Clenney collided near the intersection of Highway 90 and Interstate 110 in Biloxi, Mississippi. The parties had different recollections as to how the accident occurred and these were fully explained to the jury. The police officer who arrived at the scene was Teresa Carter. Her accident report indicated Clenney's vehicle was attempting to change lanes and pulled in front of Rose's vehicle and collided. She stated that Clenney told her he looked behind him but did not see a vehicle before making the lane change.
.Neither Rose nor Clenney initially reported any injuries. Both were able to drive their cars away from the scene of the accident. However, the next morning Rose awoke with stiffness and went to Gulfport Memorial Hospital with pain in his head, shoulders and back. After receiving treatment there, he contacted an attorney who referred him to a chiropractor, Dr. Stanley Jordan. Rose sought no other medical treatment than that at the hospital and that provided by Dr. Jordan.
DISCUSSION
1. Additur
.The jury's award was for $1,276.64 in damages. Rose asserts that this amount was insufficient to compensate him even for "uncontested" medical expenses, much less for past pain and suffering, lost wages and other losses. He seeks an additur under this statute:
"The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for a new trial or affirm on direct or cross appeal, upon condition of an additur or remittitur, if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of credible evidence. If such additur or remittitur be not accepted then the court may direct a new trial on damages only. If the additur or remittitur is accepted and the other party perfects a direct appeal, then the party accepting the additur or remittitur shall have the right to cross appeal for the purpose of reversing the action of the court in regard to the additur or remittitur." Miss.Code Ann. ยง 11-1- 55 (Rev. 1991).
The supreme court has held that a trial Judge's denial of an additur will be upheld unless there was an abuse of discretion. Rodgers v. Pascagoula Pub. Sch. Dist., 611 So.2d 942, 945 (Miss.1992). An appellate court views the evidence in the light most favorable to the appellee, giving all favorable inferences that may be reasonably drawn therefrom. Id. Jury awards will not be "set aside unless so unreasonable as to strike mankind at first blush as being beyond all measure, unreasonable in amount and outrageous." Id. An additur is only justified when a court finds either the award was influence
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