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Wilson v. Greyhound Bus Lines9/5/2002
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED AND JUDGMENT FOR STATUTORY PENALTY ENTERED - 09/05/2002
. Feeling aggrieved by the circuit court's entry of its Judgment Confirming Arbitration Award and Compelling Settlement, Romain Powell Wilson (Wilson) has appealed to this Court, pro se. Greyhound Bus Lines, Inc. (Greyhound) has cross-appealed, requesting attorneys' fees and costs based on Wilson's actions. We find no error on the direct appeal or the cross-appeal. We affirm the judgment and the circuit court's refusal to award attorneys' fees and costs to Greyhound. However, we enforce the mandatory 15% statutory penalty required by Miss. Code Ann. ยง 11-3-23 (2002), on the already satisfied judgment by granting judgment here to Greyhound against Wilson for $6,975.
FACTS AND PROCEEDINGS BELOW
. On May 3, 1995, Wilson was involved in a lane-changing collision with a Greyhound bus on U.S. Highway 90 in Ocean Springs. She consulted an attorney, who referred her to a second attorney, who in fact filed the subject lawsuit. The second attorney recommended a $5,000.00 settlement, which evidently so upset Wilson that she fired the second attorney and filed a bar complaint against him. Wilson then discussed her case with a third attorney who referred her to a fourth attorney, Walter L. Nixon, Jr., who became her attorney of record for the litigation. Wilson, through counsel, filed her Complaint for Damages in the Circuit Court of Jackson County, Mississippi, on March 4, 1996.
Supposedly by agreement of the parties and counsel, this case went to binding arbitration and a hearing was conducted before the arbitrator, Wynn E. Clark, on June 29, 2000. The arbitrator subsequently entered his 13-page "Arbitration Award", dated September 19, 2000, which awarded Wilson $46,500 in damages. After Wilson refused to accept the award and sign the necessary release documents, Greyhound interpled its check for $46,500 into the registry of the circuit court and filed a motion to confirm arbitration award and compel settlement, which motion was heard by the circuit court on November 2, 2000. Although she disputes understanding the effect of her actions, Wilson admits that she signed a letter dated February 18, 1999, addressed to Nixon. The letter, which was received into evidence at the circuit court evidentiary hearing, stated:
You are hereby authorized to enter into binding arbitration of the above-captioned claim with an arbitrator to be agreed upon between you and a representative of Greyhound Lines. I do not desire that a counter offer be made to Greyhound at this time.
. Likewise received into evidence at the circuit court hearing of November 2, 2000, was a letter dated June 23, 2000, from one of Greyhound's attorneys to Nixon. The letter discussed the proposed procedures at the upcoming arbitration hearing and also discussed a "high/low" settlement agreement which would not be revealed to the arbitrator. According to the letter, in the event that the arbitrator's award was less than $30,000, Greyhound would pay $30,000; if the arbitrator's award was over $100,000, Greyhound would pay $100,000; if the arbitrator's award was between $30,000 and $100,000, Greyhound would pay the amount of the award. Again, although disputed by Wilson, Nixon, who was allowed by the trial court to withdraw as Wilson's counsel prior to the circuit court hearing, testified at the hearing that Wilson approved of the terms of the binding arbitration hearing and the "high/low settlement agreement." At the circuit court evidentiary hearing, the arbitrator testified that prior to commencing the arbitration hearing on June 29, 2000, he explained to W
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