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Jernigan v. Humphrey3/28/2002
DATE OF JUDGMENT: 5/3/2000
TRIAL JUDGE: HON. ROBERT LOUIS GOZA, JR.
COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE
DISPOSITION: REVERSED AND RENDERED - 03/28/2002
EN BANC.
. On October 24, 1997, Mike Humphrey ("Humphrey"), a police officer with the Hattiesburg police department, filed suit in the Circuit Court of Forrest County. The suit arose out of alleged defamatory statements made by attorney Jay L. Jernigan ("Jernigan") and John Does 1, 2, 3, and 4. Humphrey sought damages for reputation, humiliation, mental anguish and suffering and potentially jeopardizing the loss of his employment. The alleged defamatory statements were made in November 1996 to the district attorney's office and to the media.
. On May 15, 1998, Jernigan filed a motion for summary judgment. The trial court denied Jernigan's motion on July 30, 1998. On October 2, 1998, the trial court granted Humphrey's motion to substitute the Hattiesburg American and Nikki Maute, a reporter, as John Doe 1 and 2, respectively. On April 25-26, 1999, a trial between Humphrey and Jernigan, as sole defendant, was conducted, and the jury returned a verdict in favor of Humphrey in the amount of $75,000 in actual damages and $150,000 in punitive damages. The jury verdict was solely against Jernigan, and it is from the judgment entered on that verdict that Jernigan now appeals to this Court.
FACTS
. This case begins with an investigation into the Jack Diamond (Diamond) estate. Jernigan served at the request of Chancellor Robert Taylor as guardian ad litem for Diamond after Diamond suffered a stroke and later as conservator of his estate. Jernigan held these positions from approximately December 1994 to December 1995, at which time Jernigan resigned his position.
. In the fall of 1996, the newspapers had mentioned the investigation into the Diamond estate. On November 15, 1996, Jernigan spoke to Assistant District Attorney Rex Jones ("Jones") concerning the Diamond estate. The district attorney's office was inquiring about a judge's alleged solicitations of kick backs from the estate in addition to alleged exorbitant fees charged for security services provided to the estate. A few Hattiesburg police officers were hired for the security of the estate. Jones wanted background information on the estate from Jernigan.
. Jernigan testified that at the time the district attorney's office questioned him about the Diamond estate, he was not concerned with any prosecution. Jernigan had turned over all the contents of his files to the district attorney's office. Upon Jernigan's return from the district attorney's office, Humphrey came into Jernigan's law office. Jernigan had previously represented Humphrey in a child visitation case. Jernigan also knew that Humphrey was a friend of one of the police officers involved in the security of the Diamond estate. Jernigan testified that Humphrey came to his office, asked him how well he knew Jones, implied that Jernigan may be indicted and told Jernigan that he had better keep his mouth shut.
. Humphrey testified that Dr. Mike West (Dr. West) heard that Jernigan was to be indicted for the Diamond estate. On November 15, 1996, Humphrey stopped at Jernigan's office and told him that people were saying that Jernigan was going to be indicted over the Diamond estate. Humphrey denied making a threat to Jernigan. Humphrey's wife also testified that she was with Humphrey on November 15, 1996. She confirmed that her husband went to speak to Jernigan while she waited in their car. D
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