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Sharp v. Odom6/8/1999
DATE OF JUDGMENT: 11/23/94
TRIAL JUDGE: HON. ROBERT G. EVANS
COURT FROM WHICH APPEALED: JASPER COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: JURY VERDICT AGAINST ODOM ONLY
BEFORE KING, P.J., BRIDGES, AND LEE, JJ.
. While visiting the home of Philip and Carolyn McRae on December 27, 1991, Shamus Sharp was injured when he was accidentally shot by Colquitt Odom, III. Sharp argued that his injuries resulted from the combined negligence of Colquitt Odom, III, Philip McRae (Philip), Carolyn McRae (Carolyn), Christopher McRae (Chris), and Carey McRae (Carey). At the Conclusion of the trial, the jury returned a verdict in favor of Sharp that awarded sharp damages in the amount of $62,500 and allocated one-hundred percent of the negligence to Odom. Sharp filed a motion for judgment notwithstanding the verdict, or in the alternative for a new trial, all of which the trial court denied. Aggrieved, Sharp argues on appeal that (1) Philip is negligent and/or strictly liable for the injuries caused by allowing unlimited access to a firearm and ammunition in his home, (2) Philip negligently entrusted his rifle and ammunition to his minor sons, and the court erred by not allowing jury instruction P-2, and (3) the jury's verdict evinced bias and prejudice against Sharp and was against the overwhelming weight of the evidence. Sharp appeals asking the Court to reverse this case on the issues of liability and the inadequacy of damages and to grant a new trial. Odom, as well as the McRaes, have filed cross-appeals arguing that the court erred by not allowing jury instructions on contributory and comparative negligence. They contend that if the case is remanded for a new trial, the jury should be allowed to consider Sharp's contributory negligence. Finding no merit to the issues raised, we affirm the judgment entered on the jury's verdict.
FACTS
. On December 27, 1991, Sharp, Odom, Chris, and Carey met at the McRae home in Jasper County, Mississippi, for the purpose of sharing a ride to work. The boys worked for several hours that day planting trees, but due to rain they returned to the McRae home early that afternoon. Sharp and Odom decided to remain at the McRae home that afternoon to visit with Chris and Carey. Although Chris, Carey, and Odom were eighteen years old and Sharp was only sixteen years old, the record shows that Sharp and Odom considered the brothers to be their close friends, and that they visited the McRae household frequently.
. While visiting in the bedroom shared by the twins, Chris and Carey, Odom began playing with a 30/30 unloaded lever-action rifle which was displayed openly on a gun rack. Curious to see how the rifle worked, Odom began working the action, that is pulling the lever and breaching the chamber. Subsequently, Odom loaded a bullet into the rifle and worked the action of the rifle which had the effect of cocking the hammer. Odom tried to let the hammer down by holding it, pulling the trigger, then letting the hammer down gently. However, Odom's hand slipped, and the rifle accidently discharged. The bullet struck Sharp in his right arm and entered his chest. On June 23, 1993, Sharp filed a complaint against Odom, Chris, Carey, Philip, and Carolyn. The complaint alleged that the defendants acted negligently and demanded money damages. The case went to trial on November 21, 1994. On November 23, 1994, the jury returned a verdict in favor of Sharp assessing his actual damages in the amount of $62,500 and allocating negligence one-hundred percent to Odom and zero percent to Philip, Chris, Carey and Carolyn. Sharp filed a motion for a judgme
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