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Coho Resources6/27/2002
DATE OF JUDGMENT: 10/14/1997
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART
EN BANC.
. Kelvin Dale McCarthy was killed and Bobby Stroo was injured while performing a workover on an oil well in the Soso oil and gas field in Jasper County, Mississippi. Coho Resources, Inc., the operator of the well, had hired Smith Brothers, Inc., an independent contractor, to perform the workover. McCarthy and Stroo were part of the crew employed by Smith Brothers who operated Rig No. 15, the rig that was working over the well where the accident occurred. The administrator of McCarthy's estate filed a wrongful death action against Coho and Gary Cockrell. Cockrell was Coho's "company man" who was working at the job site the day of the accident. In another suit, Bobby and Patti Stroo filed an action against the same defendants for personal injuries he sustained and loss of consortium suffered by his wife, Patti Stroo. Both suits were filed in the Circuit Court of the First Judicial District of Jasper County. Smith Brothers was not a party to either action because of the exclusivity of the workers' compensation laws. Glenn Ainsworth was later added as a party defendant, pursuant to Rule 15 of the Mississippi Rules of Civil Procedure. Ainsworth, an independent consultant retained by Coho, was the "company man" during the first days of the workover before he was later replaced by Cockrell.
. Prior to the trial, the two actions were consolidated into one. A few days before the trial commenced, Ainsworth was severed from the case. After the trial, the jury awarded McCarthy's estate $3,500,000, Bobby Stroo $1,500,000, and Patti Stroo $10,000. Coho and Cockrell filed motions with the court for JNOV, for a new trial, and for remittitur of the jury's verdict. The administrator of McCarthy's estate and the Stroos filed motions to assess prejudgment interest. The trial court denied the motion for JNOV, finding there was substantial evidence to support the jury verdict. The court further denied the motion for a new trial, finding there were "no errors in the admission or exclusion of evidence, or the jury instructions given or refused, or other matters which were the subject of objection, and motions for mistrial, which affected the outcome of the case in any material way or affected the defendants' right to a fair trial." However, the trial court found the verdicts in favor of McCarthy and Bobby Stroo so large that they "were the product of bias, passion and prejudice on the part of the jury and shocked the conscience of the court," and ordered McCarthy's award reduced to $2,750,000 and Bobby Stroo's award reduced to $840,000. The trial court also awarded McCarthy's estate, Bobby Stroo and Patti Stroo prejudgment interest at rate of eight percent per annum. These amounts were further reduced to an aggregate amount of $2,000,000, between McCarthy and the Stroos, based on a settlement agreement reached with Coho and Cockrell's excess liability insurers during the trial. Aggrieved, Coho and Cockrell appeal, asserting the following 10 assignments of error, edited for brevity:
I. DENIAL OF MOTIONS FOR DIRECTED VERDICT AND JNOV.
II. ALLOWING DR. HAMMITT TO OFFER EXPERT TESTIMONY ABOUT SOIL CONDITIONS AND CAUSATION.
III. REFUSING TO ALLOW EVIDENCE OF SUBSEQUENT REMEDIAL MEASURES.
IV. PREJUDICIAL STATEMENTS MADE BY PLAINTIFFS' COUNSEL.
V. REFUSING TO ALLOW EVIDENCE OF WORKERS' COMPENSATION AND SOCIAL SECURITY BENEFITS.
VI. AWARDING PREJUDGMENT INTEREST.
VII. AWARD TO PATTI STROO FOR LOSS OF CONSORTIUM.
VIII. ERRORS
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Mississippi Personal Injury Attorneys
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