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Smith v. Crawford9/6/2005
cates that Crawford, like any defendant, did not want to be held responsible for damages which she did not cause. The majority argues that I overlook the fact that Crawford admitted liability, as well as the fact that Smith suffered some damage as a result of Crawford's negligence. Regardless of the fact that Crawford admitted liability and that it is clear that Smith suffered injury, do these facts preclude Crawford from arguing that she only wants to be held responsible for the damage she caused? The logical extension of the majority's holding is that a defendant may not argue to the jury that she should not be held responsible for pre-existing damage or even damage she did not cause.
. I disagree that this statement presented an impermissible inference which would necessitate action by Smith's attorney to "remove the sting and effect" of the argument. Quite simply, there was no sting.
. It logically follows that because Crawford's attorney did not open the door to discussing the issue of insurance, the comment by Smith's attorney was improper, and the trial court correctly instructed the jury to disregard the statement.
. I am reminded of our standard of review as succinctly stated by the majority: we review to determine whether there was an abuse of discretion in failing to grant a new trial. Sports Page, Inc. v. Punzo, 900 So. 2d 1193 ( ) (MisS.Ct. App. 2004). However, I am also reminded that we are to give great deference to the trial court's ruling on a motion for new trial, and "we will only reverse if the verdict shocks the conscience of the court or represents a miscarriage of justice." Id. Such is not presented in the case sub judice.
. Accordingly, I must respectfully dissent.
BRIDGES, P.J., AND MYERS, J., JOIN THIS SEPARATE WRITTEN OPINION.
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