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Graham v. Walker10/25/2005
hould be denied and the jury's verdict allowed to stand. City of Jackson v. Locklar, 431 So. 2d 475, 478 (Miss. 1983).
. From the facts as stated above, it is clear that there was substantial evidence for the jury to find that Graham was not entitled to damages resulting from the car accident. Considering all the evidence in the light most favorable to Walker, we cannot find that Graham's motion should have been granted. This issue is without merit.
III. DID THE TRIAL COURT ERR IN FINDING THAT GRAHAM HAD COMMITTED DISCOVERY VIOLATIONS AND ASSESSING SANCTIONS AGAINST HER?
. In her final issue on appeal, Graham argues that the trial court erred in finding that she committed willful discovery violations and in assessing sanctions against her. Trial courts have broad discretion in assessing sanctions for discovery violations and will not be overturned unless they have abused their discretion. White v. White, 509 So. 2d 205, 207 (Miss. 1987).
. Upon review of the record, we find that the trial court did not abuse its discretion in assessing discovery violations in the amount of $2,629 against Graham. In her interrogatories and deposition Graham consistently denied any prior injury to her neck and back, specifically stating numerous times that she had never been in any other car accidents. In fact, Graham admitted during trial that she had previously been in another car accident where she sought medical treatment. Graham stated that the accident resulted in high blood pressure, which she claimed she had never experienced. During trial, Graham admitted that she had been prescribed medication prior to the accident to treat her high blood pressure.
. Furthermore, Graham claimed that she experienced limited movement in her neck after the accident and could not carry anything over five pounds. However, videotape surveillance of Graham filmed over a few months shows her picking up and carrying small children, bending over to pick things off the ground and walking with full range of motion. It is evident from the record that Graham not only lied in her interrogatories and deposition, but also attempted to inflate the severity and nature of her injury in order to garner sympathy from the jury, a tactic which failed. As the trial court was able to review the record, view the videotape surveillance of Graham and hear Graham's testimony during the hearing on the motion for discovery violations, we can find no abuse of discretion in the trial court's decision to assess sanctions against Graham. This issue is without merit.
. THE JUDGMENT OF THE PEARL RIVER COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES, P.J., IRVING, MYERS, CHANDLER, BARNES AND ISHEE, JJ., CONCUR.
GRIFFIS, J., NOT PARTICIPATING.
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