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McClatchy Planting Company v. Harris9/18/2001
DATE OF TRIAL COURT JUDGMENT: 02/23/2000
TRIAL JUDGE: HON. GRAY EVANS
COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: JURY AWARD FOUND TO BE CONTRARY TO THE WEIGHT OF THE EVIDENCE. PETITIONER'S MOTION FOR ADDITUR IS GRANTED IN THE AMOUNT OF $75,000. COMBINED WITH THE JURY VERDICT, THE JUDGMENT IS IN THE AMOUNT OF $100,000.
DISPOSITION: AFFIRMED - 09/18/2001
. Rex Harris, father of Ashley Harris, filed a complaint on behalf of his minor daughter against McClatchy Planting Company and Amanda Ellis for personal injuries she sustained in an automobile accident. At the conclusion of the trial, the jury awarded Harris $25,000 in damages. Harris filed a motion for additur, or in the alternative a new trial. The trial court held that the motion for additur was well taken and awarded an additional $75,000, for a total sum of $100,000 in damages. Feeling aggrieved, McClatchy Planting Company and Amanda Ellis have filed a timely appeal. McClatchy and Ellis assert the following issue: whether the trial judge abused his discretion when he granted Harris's motion for additur. Finding this issue without merit, we affirm the trial judge.
FACTS
. On September 13,1996, Ashley Harris was the passenger in a vehicle driven by Amanda Ellis. Ellis drove the vehicle into the back of a trailer which was attached to an automobile owned by McClatchy Planting Company. As a result of the automobile accident, Harris had to be removed from the vehicle with the "jaws of life." The testimony of Rex Harris, Ashley Harris's father, reveals that during this time and later in the emergency room, his daughter was in pain. Harris explained that Ashley was moaning. The medical records confirm this testimony. However, Ashley testified that she did not remember the accident or the subsequent events of that night. The record reveals that Ashley sustained numerous injuries.
. The testimony at trial and the medical records disclose that Ashley had multiple lacerations which were located on her face and elbow. The lacerations to her face required forty-two stitches. As a result of the injuries to her face, she had bruising and swelling which temporarily caused her difficulty with eating regular food. Additionally, she had a severe sprain to her left ankle and a dislocated right hip. The injury sustained to her hip required the treating physician to reposition the bone. Due to these injuries, in particular her head injuries, Ashley was placed in the intensive care unit for initial treatment.
. Ashley remained in the intensive care unit for four days. On September 15, 1996, the medical record stated that she was a little despondent and depressed, as well as suffering from pain. On this date the record also referred to her as "scared to death." While she was in the hospital she was given pain medication, namely Darvocet N100, morphine and Xanax.
. The medical records reveal that to insure that her hip would stay in place, Ashley was placed in Buck's traction and later a full length leg splint. Furthermore, to assist Ashley with her mobility she was provided with crutches. Ashley underwent physical therapy to help her learn how to use the crutches. The initial evaluation note contained within a physical therapy note dated September 17, 1996, shows that during her treatment she cried and complained of pain in her left ankle.
It took several days for Ashley to learn to manipulate the crutches because of the severe sprain to her left ankle. Ashley testified that on one occasion, after she had been discharged from the ho
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