 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Walker v. Reed6/13/2000
DATE OF JUDGMENT: 12/11/1998
TRIAL JUDGE: HON. GEORGE C. CARLSON, JR.
COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: VERDICT IN FAVOR OF APPELLEE
DISPOSITION: AFFIRMED - 06/13/2000
. Victoria D. Walker and her husband, Terry Walker, filed a complaint against Susan R. Reed for Mrs. Walker's alleged personal injuries suffered as a result of an automobile accident involving Reed, Tracy Williams, and Mrs. Walker. The jury returned a verdict in favor of Reed, and the Walkers filed a timely appeal and present the following issues: (1) whether the Walkers were entitled to a directed verdict or a peremptory instruction on liability, (2) whether the Walkers were entitled to a judgment notwithstanding the verdict or a new trial, and (3) whether the granting of jury instruction D-3 was in error. Finding these issues to be without merit, accordingly, we affirm the lower court.
FACTS
. On July 15, 1994, Mrs. Walker was involved in an automobile accident in Memphis, Shelby County, Tennessee. There were actually three automobiles involved in this accident. Mrs. Walker was driving the first automobile; Tracy Williams was driving the second automobile, and Reed was driving the third automobile. Each automobile was being driven in the previously enumerated order.
. It is undisputed that on the day in question, at approximately 7:20 a.m., all three automobiles were driving northbound on Interstate 240 at or near the Norris Road exit. Traffic had come to a halt. Mrs. Walker asserted that during this time her automobile was struck from behind by the automobile operated by Williams. She contended that Williams's automobile was projected into her automobile because Reed had driven her automobile into the rear of Williams's automobile. Mrs. Walker asserted that she suffered a personal injury as a result of the automobile accident.
. Mrs. Walker contended that as a result of this accident she suffered an injury to her jaw which resulted in Temporomandibular Joint Syndrome (TMJ) problems. She further asserted that as a result of the accident involving Reed and the injury to her jaw, she required two unsuccessful surgeries, incurred lost wages, pain and suffering, and mental anguish. Mr. Walker claimed loss of consortium due to his wife's injuries. Reed disputed their arguments.
. Reed stated that she had no knowledge that she had caused Williams's automobile to collide with Mrs. Walker's automobile, if in fact an impact had actually occurred between the two automobiles. Reed also refuted the Walkers's assertion that the TMJ and their losses therefrom were caused as a result of any actions taken by her. Reed argued that Mrs. Walker's TMJ, as well as her and her husband's resulting losses, were either due to a pre-existing accident caused by Mrs. Walker's own actions, or were a result of both.
. Approximately six weeks prior, on June 2, 1994, Mrs. Walker had been involved in an automobile accident. As a result of this accident, Mrs. Walker suffered injuries to her head, neck, and back. Additionally, there was testimony that revealed that Mrs. Walker clinched her teeth, and this was a possible source of her TMJ. Any other pertinent facts will be discussed below as necessary to address the issues presented by the Walkers.
DISCUSSION
I. WHETHER THE WALKERS WERE ENTITLED TO A DIRECTED VERDICT OR PEREMPTORY INSTRUCTION ON LIABILITY.
. The Walkers argue that the trial court erred when it did not grant a directed verdict or peremptory instruction in their fa
Page 1 2 3 4 5 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|