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Townsend v. Skelton9/20/2005
So. 2d 123, 127 ( ) (Miss. 1999)).
. In the case at bar, this Court does not find that the lower court abused its discretion in denying the motion for new trial. The record is clear that the lower court adequately instructed the jury on the law as it applied to this case; in particular, the res ipsa loquitur instruction properly allowed the jury to infer negligence from the circumstances surrounding the accident. It appears that the jury accepted the testimony of Skelton regarding the hitching of the trailer to the pickup truck and his actions while driving when the trailer became disengaged and found that there was no negligence involved on his part. This Court is not convinced that the jury's finding in this regard is so contrary to the overwhelming weight of the evidence that to allow it to stand would be to sanction an unconscionable injustice.
. THE JUDGMENT OF THE MARSHALL COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANTS.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, GRIFFIS AND ISHEE, JJ., CONCUR
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