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McFarland v. Entergy Mississippi10/6/2005
irected verdict was denied a second time. It was only after a jury verdict was rendered in favor of McFarland, did the trial court determine that McFarland lacked substantial evidence to support the claim, and accordingly, should take nothing; all because the trial judge was concerned with lack of notice, an issue that was conceded by Entergy in argument at its first motion for directed verdict, and only enhanced by the testimony of Entergy's witnesses.
. When this case was considered by the Court of Appeals, its learned judges, too, travailed over the facts and applicable law. However, a clear majority of 6-2, with one judge not participating, concluded the trial judge erred when he granted the JNOV, and declared a new trial was in order, just as the trial judge had determined that a new trial was proper, but for a different reason.
. It is not that the facts are unknown or elusive that has created this dilemma. Rather the controversy is created by differing interpretations of the same facts, some disputed, others not, and what proper inferences may be drawn therefrom, which presents this clash of which party should ultimately prevail and resulting in a difference of opinion between the learned justices of this Court and all judges who have undertaken duties related to this case. The majority unfortunately now employs the draconian measure that there will be no new trial granted, and in doing so, set aside a jury verdict, the trial court's action of granting a new trial, and the Court of Appeals' decision to grant a new trial. Considering the same facts, the majority now states there will be no new trial granted and McFarland's widow shall take nothing.
. Both lay and learned legal minds have considered and debated the facts, and have struggled for a just result. However, it is abundantly clear that this endeavor is not one for the judiciary, but rather, should be resolved by a jury. Unfortunately, this factual debate has clouded the legal principles to be applied and resulted in the majority's departure from both long standing and recent precedent of this Court, some of which was established by the present justices sitting on this case. As recently as 2004, many of the members of the majority declared in Patterson v. Liberty Associates, L.P., 2004 WL 2823078, 8 (Miss. 2004), "We refuse to become a thirteenth juror and substitute our judgment for that of a jury when reasonable jurors could differ on the verdict from the evidence presented." It is of no import whether I or any other justice, had we been a juror, would have favored McFarland or Entergy. What is of import is substitutional judgment.
. The Court of Appeals recognized this principle in a case involving Entergy, and the 1994 ice storm. Based on the particular facts of that case, a jury returned a verdict for Entergy. The Court of Appeals upheld the jury verdict, stating, "It is well-established that a jury verdict in a civil case will not be disturbed on appeal unless the verdict was against the overwhelming weight of the evidence...." Myles ex rel. Sparks v. Entergy Mississippi, 828 So.2d 861, 869 (MisS.Ct. App. 2002).
. The majority is misplaced in formulating certain conclusions from the facts presented. A jury of twelve sworn impartial individuals were presented with these facts and found that Entergy was responsible for the serious injuries suffered by Mr. McFarland. It is a well-established principle that the jury should be the sole judges of fact. The right to a trial by jury is guaranteed to every citizen of this state by Miss. Const. Art. 3, ยง31, and "the limited power of the trial court to review a jury's verdict is a function of constitutional mandate." City of Jackson v. Locklar
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