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Mississippi Dep't of Public Safety v. Durn5/26/2005
g at a rate of fifty-five (55) miles per hour was an outrageous lie. Because of this lie, the Court accepts no testimony of Trooper Lantern as true.
21. The Court heard testimony from expert Brett Alexander in which he estimated Trooper Lantern's speed was at eighty (80) miles per hour prior to the accident.
22. The Court finds that because of excessive speed Trooper Lantern's vehicle was closing on Mr. Durn's vehicle so quickly that Mr. Durn[,] exercising reasonable caution[,] could not have seen Trooper Lantern. Furthermore, even if Mr. Durn would have seen Trooper Lantern, he would have been unable to avoid the accident. So if he were negligent, which the Court finds that he was not, such negligence would not have been a contributing factor to the accident.
23. Having found no fault on the part of Sammie Durn in contributing to the accident, the Court finds that the award of damages should not be altered based on comparative fault.
. On appeal, the Department of Public Safety contends that the trial court "erred by not determining as instructed the extent to which Mr. Durn was comparatively negligent." Durn counters that the trial court did consider the evidence and determine whether Durn was at fault for the accident.
. This Court remanded the case for the trial court to consider if comparative fault should be assigned to Durn. The trial court did just that and addressed the issue of comparative fault on remand. We find that the trial court complied with the directives of this Court. Therefore, this issue is without merit.
CONCLUSION
. For the foregoing reasons, we affirm the judgment of the Circuit Court of Sunflower County, Mississippi.
. AFFIRMED.
SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON, GRAVES AND RANDOLPH, JJ., CONCUR.
DIAZ AND DICKINSON, JJ., NOT PARTICIPATING.
Page 1 2 3 Mississippi Personal Injury Attorneys
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