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McFarland v. Entergy Mississippi10/6/2005
ON WRIT OF CERTIORARI
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED, AND THE JUDGMENT OF THE HINDS COUNTY CIRCUIT COURT IS AFFIRMED-10/06/2005
EN BANC.
. Thomas R. McFarland sued Entergy Mississippi, Inc. in the Circuit Court of the First Judicial District of Hinds County, Mississippi, for injuries McFarland received while driving a truck which collided with a sagging transmission line maintained by Entergy, in Leland, Mississippi. A motion for directed verdict by Entergy was denied, and the jury returned a verdict for the McFarland in the amount of $300,000.00.
. Entergy filed post trial motions, including a Motion for Judgment Notwithstanding the Verdict ("JNOV") and in the Alternative, for New Trial. The trial court then granted Entergy's Motion for JNOV, and held that the motion for new trial was granted in the event that the JNOV was overturned on appeal.
. McFarland appealed, and the Court of Appeals reversed the trial court's grant of the JNOV and remanded for a new trial. McFarland v. Entergy, No. 2003-CA-00538-COA, 2004 WL 2283607, at *7. McFarland filed a petition for certiorari in this Court seeking review of the Court of Appeals' decision not to review the trial court's conditional grant of a new trial, as provided in Rule 50 of the Mississippi Rules of Civil Procedure. Entergy also filed a petition for certiorari in this Court seeking review of the Court of Appeals' decision to reverse the JNOV. Both petitions for certiorari were granted.
. After thorough review, this Court holds that the Court of Appeals incorrectly held Entergy to a higher standard of care. The jury, however, was instructed that only a degree of ordinary care was required under these facts. We also hold that the trial judge was correct in granting Entergy's Motion for a JNOV and the Court of Appeals erred when it reversed the trial court's grant of the JNOV and remanded the case for a new trial. Finally, we hold that McFarland waived the remaining issues concerning the conditional grant of a new trial.
FACTS
. On February 9, 1994, a severe ice storm struck the Mississippi Delta causing extensive damage. The ice storm caused trees to fall and limbs to snap, as well as downing power lines throughout the area. The area involved was roughly one hundred fifty miles long and fifty miles wide, stretching from DeSoto County to the Sharkey County line and eastward through Leflore County. In total, the storm affected an area of approximately 5,200 square miles.
. There were hundreds of miles of downed power lines including over 25,000 poles and hundreds of miles of downed transmission lines. Numerous towns, cities, and untold thousands of individuals throughout the area went without power for weeks. Even on the date of the accident, five days after the storm commenced, there remained nineteen cities and towns without power and 45,000 Entergy customers in Washington County alone without power. Approximately 2,500 additional electrical power workers from other companies and surrounding sister states were sent in to help with this disaster. Additionally, thousands of volunteers were involved in helping with cleanup and repair in the various affected communities. For the first time ever, Entergy lost steel structure transmission poles. Over 100 transmission line structures alone had to be repaired by specialized crews. A priority system was initiated for restoring power: hospitals, water systems, municipal services, sheriff's and police offices, sewer systems, then all others. Helicopter surveys conducted by Entergy revealed that approximately 80%
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