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Burge v. Spiers6/3/2003
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: JURY AWARDED BURGE $2,137. TRIAL COURT DENIED MOTION FOR ADDITUR OR IN THE ALTERNATIVE, NEW TRIAL.
DISPOSITION: AFFIRMED - 06/03/2003
. Gerald Burge and Christina Spiers were involved in an accident in which Spiers' car rear-ended Burge's vehicle. Burge filed a negligence complaint and Spiers admitted liability. A jury awarded Burge $2,137 in damages, the exact amount Burge claimed in medical expenses. Burge filed a motion for additur or, in the alternative, for a new trial. The trial court denied Burge's motion. Aggrieved, Burge asserts the following issue on appeal.
THE TRIAL COURT ERRED IN FAILING TO GRANT BURGE'S MOTION FOR ADDITUR OR NEW TRIAL WHERE THE JURY AWARDED DAMAGES FOR MEDICAL EXPENSES BUT FAILED TO AWARD DAMAGES FOR PAIN AND SUFFERING OR FUTURE MEDICAL EXPENSES.
FACTS
. In June, 1996, forty-five-year-old Gerald Burge was driving south on Highway 11 in Picayune, Mississippi, when the vehicle in front of him stopped. As Burge slowed his vehicle, the vehicle behind Burge, driven by Christina Spiers, rear-ended Burge's vehicle. According to the accident report, Burge's car sustained heavy damage and had to be towed from the scene. Both Burge and Spiers declined treatment at the scene. Later, Burge sought treatment at Crosby Memorial Hospital. X-rays taken on this date were normal except for long-term, pre-existing degenerative and arthritic changes to his lumbar spine which were admittedly not related to the accident.
. Burge was referred to Dr. Bruce McCarthy on July 9, 1996, complaining of neck pain. Dr. McCarthy found a loss of motion in the upper neck and tenderness in the lumbar area and diagnosed ligament injuries in Burge's neck and lower back. Dr. McCarthy found that Burge had lost 10% of function from the neck region and 10% from the lumbar region and recommended Burge undergo back surgery which would cost approximately $30,000. Burge had incurred approximately $2,787 in medical bills.
. Burge brought suit against Spiers, who admitted liability. Burge put on evidence of his injuries and treatments. Spiers impeached Burge with a history of prior spinal surgery, prior diagnosis of physical disability, chronic lower back problems, and contradictory sworn statements made in another court case in Louisiana. At the conclusion of trial, the jury awarded Burge $2,137. Burge made a motion for additur or, in the alternative, a new trial which the trial court denied.
ANALYSIS
DID THE TRIAL COURT ERR IN FAILING TO GRANT BURGE'S MOTION FOR ADDITUR OR NEW TRIAL WHERE THE JURY AWARDED DAMAGES FOR MEDICAL EXPENSES BUT FAILED TO AWARD DAMAGES FOR PAIN AND SUFFERING OR FUTURE MEDICAL EXPENSES?
. Burge asserts that the trial court erred in failing to grant his motion for additur or, in the alternative, a new trial because the jury awarded damages for medical expenses but failed to award damages for pain and suffering or future medical expenses. Burge cites authority which states that "a jury verdict awarding damages for medical expenses alone is against the overwhelming weight of evidence." Scott Prather Trucking, Inc. v. Clay ex rel. Sanders, 821 So. 2d 819, 822 ( ) (Miss. 2002) (citing Rodgers v. Pascagoula Pub. Sch. Dist., 611 So. 2d 942, 945-46 (Miss. 1992)); see also Pham v. Welter, 542 So. 2d 884 (Miss. 1989); Matkins v. Lee, 491 So. 2d 866 (Miss. 1986); City of Jackson v. Ainsworth, 462 So. 2d 325 (Miss. 1984); Biloxi Elec. Co. v. Thorn, 264 So. 2d 404 (Miss.1972). However, "each case involving the issue of an additur must 'necessarily be decided on its own facts.'" Green v. Grant, 6
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