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Mississippi Dep't of Public Safety v. Durn5/26/2005
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 05/26/2005
BEFORE SMITH, C.J., EASLEY AND GRAVES, JJ.
PROCEDURAL HISTORY
. The Mississippi Department of Public Safety appeals to this Court from the Circuit Court of Sunflower County. This case was previously remanded to the trial court by this Court. In the Court's opinion, authored by then Justice Waller, the case was remanded solely for the determination "if comparative fault should be assigned to Durn, and whether the award of damages should be reduced accordingly." Miss. Dep't of Pub. Safety v. Durn 861 So.2d 990, 999 (Miss. 2003) (Durn I), (emphasis added).
. The trial court had determined that Sammie L. Durn incurred damages in the form of pain and suffering, emotional distress and permanent disability in the amount of $148,000. Durn had incurred losses in the amount of $12,453 for medical expenses, lost wages and loss of his truck. The Department of Public Safety argued in Durn I that the damage award was excessive. We found the damage award was not excessive. We affirmed the trial court's decision in Durn I as to the amount of damages, stating " e find the circuit court did not abuse its discretion as to the amount of damages." Id.
. In Durn I, the Court also affirmed the trial court's findings that State Trooper Reginald Lantern acted in reckless disregard of Durn's safety and well-being and that Durn was not engaged in criminal activity at the time of the accident. Id. at 996, 998. The Court held:
We conclude that the circuit court did not err in finding Lantern acted in reckless disregard of the safety and well-being of others. The circuit court was in the best position to weigh the credibility of the witnesses. There were inconsistencies in Lantern's testimony concerning his speed that cast doubt on his entire testimony. The circuit court found evidence that satisfied numerous Brister factors and determined that Lantern appreciated the unreasonable risk associated with attempting to overtake a vehicle that indicated it was turning, yet still acted in deliberate disregard of that risk.
Durn I, 861 So.2d at 996.
. However, this Court remanded the case to the trial court because the trial court had not made a determination of comparative fault in deciding the issue of liability. The trial court issued a detailed amended findings of fact and conclusions of law on remand. In the amended findings, the trial court found that Durn was not at fault for causing the accident and the damages should not be altered based on comparative fault. The trial court enumerated specific facts in its decision to support finding that Durn was not at fault for the accident considering the question of comparative fault on remand. Unhappy with the trial court's decision on remand, the Department of Public Safety now appeals to this Court.
FACTS
. At 6:30 a.m. on October 11, 1999, Durn was driving south on a two-lane area of U.S. Highway 49 north of Indianola. He was headed to the school bus garage to warm up his bus before picking up the children along his bus route. As Durn was driving south on Highway 49, State Trooper Lantern was headed north in his patrol car. Soon after the two passed each other, Lantern noticed a vehicle traveling southbound at a speed in excess of the posted speed limit of fifty-five miles per hour. He made a u-turn and pursued the speeding vehicle.
. While in pursuit of the speeding vehicle, Lantern eventually came upon Durn. He attempted to pass Durn using the northbound lane, but as he started to overtake Durn, Durn turned left across the northbound lane to enter t
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