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HWCC-Tunica6/9/2005
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 TUNICA COUNTY CIRCUIT COURT IS REINSTATED AND AFFIRMED - 06/09/2005
EN BANC.
. The question before us on writ of certiorari is whether the trial judge erred by orally instructing the jury as a means of clarifying the written instructions after both parties requested such oral instructions. We reverse the Court of Appeals' finding of error in this matter.
STATEMENT OF THE CASE
. While at Hollywood Casino, the plaintiff, Brenda Jenkins, slipped and fell. She sued the casino, and the jury returned a verdict in her favor for $100,000. It took three attempts for the jury to return the verdict in the correct form. Hollywood Casino raised nine issues on appeal. The Court of Appeals held that the trial judge committed reversible error in resubmitting the special verdict to the jury with oral instructions instead of written instructions. Jenkins then filed a petition for writ of certiorari which we granted.
FACTS
. The pertinent facts as determined by the Court of Appeals are as follows:
Brenda Jenkins, a gambling enthusiast, slipped and fell down two stairs at the Hollywood Casino on September 19, 1998. Jenkins suffered a fractured ankle, and subsequently underwent surgery to repair and stabilize her ankle. Jenkins filed suit in Tunica County Circuit Court, alleging that Hollywood was negligent because the stairs were too narrow, that the carpet covering the stairs prevented her from negotiating the distance between the stairs and the floor, and that the stairs were poorly lit. The trial court submitted a special verdict form to the jury. Shortly after the jury convened, it returned with a verdict finding that both Hollywood and Jenkins were negligent, and assigning 100% fault to Jenkins. This verdict did not assign any damages to Jenkins.
The court orally instructed the jury as to how the form should be completed, and the jury reconvened. A few minutes later the jury returned with another verdict. This second attempt found that Hollywood was negligent and that Jenkins was not negligent. The jury found Hollywood to be 100% at fault and found that Jenkins was not at fault; however, the jury did not assign any damages against Hollywood. Once again, the court re-instructed the jury as to how the special verdict form should be returned, and the jury reconvened.
The final verdict found Hollywood negligent, and Jenkins not negligent. Hollywood was found to be 100% at fault, while Jenkins was found to be 0% at fault. The jury granted Jenkins $100,000 in damages against Hollywood. HWCC-Tunica, Inc. v. Jenkins, 2004 WL 1925795 ( 1-3) (MisS.Ct. App. 2004).
ANALYSIS
. The sole issue presented in this writ of certiorari is whether it was error for the trial court to resubmit the special verdict to the jury with oral, and not written, instructions. The Court of Appeals correctly stated that jury instructions must be in writing according to Miss. R. Civ. P. 51(c) and U.R.C.C.C. 3.07 & 3.10. However, the Court of Appeals overlooked the well-established principle in Mississippi law that:
An appellant cannot complain on appeal of alleged errors which he invited or induced. Caston v. State, 823 So.2d 473, 502 (Miss.2002) " he appellant cannot complain because of error in its own instruction." State Highway Comm'n v. Randle, 180 Miss. 834, 179 So. 273 (1938); Yazoo & M.V.R. Co. v. Wade, 162 Miss. 699, 139 So. 403, 404 (1932).
Busick v. St. John, 856 So.2d 304, 314 (Mis
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