 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Peterson v. Ladner6/27/2000
DATE OF TRIAL COURT JUDGMENT: 08/13/1998 TRIAL JUDGE: HON. JOHN H. WHITFIELD COURT FROM WHICH APPEALED:HANCOCK COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: JURY VERDICT AGAINST APPELLANT IN THE SUM OF $264,000.00
DISPOSITION: REVERSED AND REMANDED IN PART AND AFFIRMED IN PART - 06/27/00
MOTION FOR REHEARING FILED: 07/11/00
MOTION DISPOSITION: MOTION GRANTED INSOFAR AS TOTAL, UNALLOCATED DAMAGES OF $540,000. AFFIRMED IN PART, REVERSED AND REMANDED IN PART - 11/07/00
As modified November 7, 2000
ON MOTION FOR REHEARING
. The motion for rehearing is granted in part and this opinion is substituted for the initial opinion of the Court. This appeal concerns a personal injury suit involving apportionment of fault among a settling co-defendant and non-settling co-defendant. After a jury awarded damages to the plaintiff, the non-settling co-defendant appealed. She argues that the trial court erred in refusing to allow the jury to consider the negligence of the settling co-defendant in apportioning fault and applying pro-tanto credit to offset damages. Additionally, she argues error in admitting a medical opinion not disclosed in discovery and in refusing to grant remittitur or in the alternative a new trial on damages. We affirm the determination of a total amount of damages, but reverse and remand for a new trial on the issue of apportionment of liability.
STATEMENT OF FACTS
. On June 5, 1996, Bernard Ladner, Sr., (Ladner) went for a ride with his friend Gregory Ladner (Gregory), on Gregory's animal drawn wagon. Around 8:30 p.m. that evening, Tina Peterson left her parent's house to return to her home. On the way home, Peterson did not see the animal drawn wagon in the road in time to stop her vehicle. Her car collided with the rear of Gregory's wagon causing Ladner to be thrown from the wagon and injured.
. Ladner was taken to the hospital and diagnosed with a fractured collar bone, fractured left foot and compress fractured thoracic vertebrae. Although his collar bone and foot have healed, the compressed fracture to the vertebrae has failed to heal. Due to this, the doctor has placed several permanent restrictions on Ladner's mobility. These restrictions include the inability to stand or to sit for more than one hour at a time. Along with these and other restrictions, Dr. Jackson has not released Ladner to return to his previous employment.
. Ladner filed suit against Gregory and Peterson alleging their negligence as the cause of his injuries. Prior to trial Gregory and Ladner settled for $100,000 thereby removing Gregory from the case. The trial proceeded against Peterson where the court refused to instruct the court to allocate fault between Ladner, Gregory and Peterson as to the degree of negligence contributing to Ladner's injuries.
. The jury, eleven to one, returned a verdict in favor of Ladner in the amount of $540,000. Additionally, the jury apportioned 40% fault to Ladner and 60% fault to Peterson. The award was reduced by the settlement between Ladner and Gregory resulting in $440,000 to be apportioned between Ladner and Peterson. A net judgment of $264,000 was entered in favor of Ladner after all of the offsets and reductions. Peterson appealed.
DISCUSSION
1. Allocation of fault.
. Peterson argues that the trial court erred in refusing to instruct the jury to consider the negligence of Gregory, a settling co-defendant, in apportioning fault for Ladner's injuries as a result of the accident. The trial court relied upon a 1996 case that h
Page 1 2 3 4 5 6 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|