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Baham v. Sullivan12/13/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 07/27/2004
MOTION FOR REHEARING FILED: 08/12/04 -- GRANTED AND CASE REVERSED AND REMANDED FOR A NEW TRIAL -- 12/13/2005
MODIFIED OPINION ON MOTION FOR REHEARING
EN BANC.
. The Baham's motion for rehearing is granted. The original opinion issued in this case is withdrawn, and this opinion is substituted in its place.
. This appeal arises from a negligence action tried first in the County Court of the First Judicial District of Hinds County and retried de novo in the Circuit Court of the First Judicial District of Hinds County. Aggrieved by the dispositions of both trials and by the rulings of the circuit court, the Bahams appeal, asserting that the circuit court erred in setting aside the county court's judgment notwithstanding the verdict and award of damages, and in granting a new trial. They further contend that the circuit court erred in granting Sullivan's ore tenus motion to release his appeal bond in an ex parte hearing, allegedly without notice to counsel opposite.
. This Court, on its own motion, observes that the verdict of the jury was not responsive to the trial court's instructions, and, in effect, was no verdict. As a result, the final judgment, entered by the trial court upon the jury's verdict, must be reversed, as a definitive jury verdict is a prerequisite to the entrance of a concomitant final judgment.
FACTS
. On March 9, 1995, Sheri Baham was eastbound on West Capitol Street in Jackson, Mississippi, when another driver suddenly pulled out in front of her, slammed on the brakes, and stopped in anticipation of making a left turn. Baham slammed on her brakes to avoid hitting the vehicle that had suddenly pulled out in front of her car. John Sullivan, who was traveling behind her, struck Baham's vehicle from the rear. The police arrived, but allowed the "phantom car " which pulled in front of Baham to leave the scene without getting the driver's name or a statement.
. Sheri and Conway Baham brought a negligence action against Sullivan in the County Court of the First Judicial District of Hinds County on March 4, 1998. They sought damages in the amount of $49,000 for her pain, suffering, and medical treatment, as well as for loss of companionship, consortium, and services. A trial was held on June 29, 1999. The jury returned a verdict in favor of Sullivan. On July 8, 1999, the Bahams filed a motion for a JNOV or, in the alternative, for a new trial. Judge C.A. "Chet" Henley granted their motion to set aside the jury verdict and awarded the Bahams damages in the amount of $25,000 on August 8, 1999.
. Sullivan appealed the county court's decision to the Circuit Court of the First Judicial District of Hinds County. The Bahams cross-appealed, asserting that the damages awarded by the county court judge were inadequate. The circuit court reversed the county court's decision on August 24, 2000, ruling initially to remand the case to the county court for a determination of whether a new trial was warranted on all issues. By subsequent order dated January 2, 2001, the circuit court retained jurisdiction over the case and ordered a new trial.
. After a trial in the circuit court, the jury returned the following verdict:
We, the jury, determine John W. Sullivan to be 10 percent at fault, if any.
We, the jury, determine the absent driver of the third vehicle to be at 90 percent at fault, if any.
We, the jury, assess Plaintiff Sheri Baham's damages at $0.00.
We, the jury, assess Plaintiff Conway Baham's damages at
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