 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Kindred v. Columbus County Club9/8/2005
ON WRIT OF CERTIORARI
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: AFFIRMED - 09/08/2005
EN BANC.
. On July 15, 2000, Jim and Diana Kindred were married and drove through a storm in route to their honeymoon destination. As they traveled past the Columbus Country Club a tree on the Country Club's property fell across the Kindred's car, fatally injuring Diana. On November 15, 2000, Jim Kindred filed a wrongful death lawsuit in the Circuit Court of Lowndes County, Mississippi, against Columbus Country Club alleging that the Country Club's negligence was the proximate cause of Diana's death. After a three-day trial, the jury found in favor of the defendant, and judgment was entered accordingly. Kindred appealed, and the Court of Appeals affirmed the judgment of the trial court. Kindred subsequently filed a petition for writ of certiorari with this Court which was granted by this Court.
FACTS
. Kindred requests this Court to review the trial court's refusal to allow the testimony of James Traywick and its refusal to grant a new trial based on alleged intimidation of a witness. The facts, which were adequately stated in the Court of Appeals' decision, are as follows:
8. After both Kindred and the Country Club had concluded their cases, Kindred sought to call three witnesses in rebuttal, Cathy Bailey, James Traywick, and Jay Jordan, III. Kindred's desire to call Jordan was conditioned upon his being allowed first to call Bailey and Traywick. He stated to the court that if the court was not going to allow him to call Bailey and Traywick, then he did not want to call Jordan. Columbus Country Club noted that Jordan was on its list but that it had decided not to call Jordan. It offered no objection to Jordan being called by Kindred. The court refused to allow Bailey and Traywick to testify, and the testimony of all three witnesses was proffered. . . . .
11. Traywick testified that he and his boss, Danny Harrison cut up and removed one large limb which had fallen from the tree in question. He stated that when the large limb fell from the tree, it cracked or damaged two other limbs which he and his boss cut down. He also testified that the tree was hollow and black, "black and yellow." When asked if he knew whether any plans were made at that time to have the tree cut, he responded, "Just what I was told. My boss went in to tell them it was cleaned up and told them it needed to come down, that it was going to hurt somebody cause it was hollow." Finally, Traywick testified that he had forgotten about his involvement with the tree until he saw a report in the Sunday's paper that the trial was about to begin. He stated that he came to the courthouse because he thought it was the right thing to do.
12. In arguing that he should be allowed to present the rebuttal witnesses, Kindred, through his attorney, advised the court that he had no prior knowledge of these witnesses, that witness Traywick read about the trial and just appeared at the courthouse . . .
13. As noted, the trial judge refused to allow the witnesses's testimony. His basis for denying the testimony was that the witnesses had not been disclosed to the defense prior to trial and were not listed on the pretrial order. Specifically, the trial judge remarked, " hese names were not disclosed. They've not been deposed. They're not in the pretrial order, and people don't walk in off the street and testify in Court." . . . .
The allegation of intimidation centers on questions about a secret indictment that one of the Country Club's attorneys asked witness Tyrone McCoy about during a recess in the trial jus
Page 1 2 3 4 5 6 7 8 9 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|