Boyd v. Smith

390 So. 2d 994
CourtMississippi Supreme Court
DecidedNovember 26, 1980
Docket52231
StatusPublished
Cited by13 cases

This text of 390 So. 2d 994 (Boyd v. Smith) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. Smith, 390 So. 2d 994 (Mich. 1980).

Opinion

390 So.2d 994 (1980)

Mrs. Harriet G. BOYD
v.
Charles R. SMITH & Charles R. Smith, d/b/a Smith Mechanical Service.

No. 52231.

Supreme Court of Mississippi.

November 26, 1980.

*995 William L. Waller, Jr., William L. Waller, Sr., Waller & Waller, Jackson, for appellant.

Thomas H. Suttle, Jr., Daniel, Coker, Horton, Bell & Dukes, Jackson, for appellees.

Before ROBERTSON, C.J., and BOWLING and COFER, JJ.

BOWLING, Justice, for the Court.

This appeal from the Circuit Court of the First Judicial District of Hinds County involves a suit by appellant, Mrs. Harriet G. Boyd, against appellee, Charles R. Smith, seeking damages for personal injuries sustained in a motor vehicle collision. There was a jury verdict for appellant in the sum of $5,000. Appellant appeals and appellee cross-appeals. In her assignments of error, appellant contends that:

1. Allowing cross-examination concerning claims for money arising from prior unrelated personal injuries, and the payment of that money was irrelevant, immaterial, and prejudicial, and such questioning constitutes reversible error.
2. Granting instruction D-9 which allowed the jury to consider the negligence *996 of the Coca-Cola truck driver, not a party to this action, in relieving the defendant of liability for acts he may have done in reliance on the third party was reversible error.
3. The verdict of the jury was against the weight of the evidence and was grossly inadequate.

Appellee and cross-appellant propounds the following cross-assignments of error:

1. It was error for the economist to have been allowed to express any opinions relating to damages.
2. The court erred in giving instructions P-7, P-8 and P-9.
3. The court erred in allowing plaintiff's exhibit 8 to be withdrawn from the record.

The motor vehicle collision giving rise to this suit occurred during the afternoon hours of February 10, 1978, and involved vehicles driven by appellant and appellee. The collision occurred on U.S. Highway 80 within the city limits of Jackson, Mississippi, a few hundred yards west of the intersection of U.S. Highway 80 and Terry Road. Highway 80 consists of two eastbound and two westbound lanes of travel with a dirt and grass median between the two directional lanes. At various distance intervals there were cross-overs for vehicles either to make U-turns or make left turns to go across the opposite lanes of travel and onto the frontage roads on both sides of the highway. At the time of the collision, appellant was operating her vehicle in a westerly direction on the outside lane of travel. Appellee had been operating his vehicle in an easterly direction and was making a left turn at the first cross-over west of Terry Road, intending to go onto the frontage road on the north side of the highway. As he crossed the westbound lanes of travel, his vehicle was struck in the right side by appellant's vehicle which, as stated, was traveling west. Immediately before and at the time of the collision, a large Coca-Cola delivery truck was in the inside or southern lane of the westbound lanes of travel and was stopped, waiting for eastbound traffic to clear before proceeding across those lanes to the frontage road and into the Coca-Cola plant located on the south side of the highway. Appellee, as an affirmative defense, contended that when he reached the cross-over and prior to making his left turn, the driver of the Coca-Cola truck motioned him to proceed, and that was the reason he drove out in front of appellant's westbound vehicle.

At trial, even though not affirmatively pled, appellee's attorney was permitted to cross-examine appellant about injuries received in a 1960 motor vehicle collision and money received in settlement of those claims and a workman's compensation injury she had received in 1967. Cross-examination was permitted regarding all injuries received by Mrs. Boyd in both incidents as well as the amounts of money she received in settlement. All this testimony was permitted by the trial court over appellant's objections. Appellant's testimony was that she received a back injury in the 1960 motor vehicle collision but that she fully recovered therefrom within a reasonably short time. As stated, she was permitted over objection to relate settlement negotiations and the resulting amount she received.

Mrs. Boyd was permitted over objections to be cross examined about a 1967 workman's compensation claim resulting from an injury while pushing filing cabinets. She testified that she only received an injury to her low back; that she did not receive any compensation payments, only payment for medical expenses, and that she fully recovered in a short time. She testified that she had no problem with her back or cervical spine after that incident and until the collision involved in the present suit.

It was error for the lower court to permit appellant to be forced over objection to go into detail regarding settlement negotiations for injuries received in the 1960 vehicle collision. The law on the extent of rehashing injuries received in a prior accident is uniform in the various jurisdictions. The principal case in Mississippi on this issue was set out by the Court, through Presiding Justice Gillespie, in Walters v. McLaurin, 204 So.2d 866 (Miss. 1967). *997 There, appellee received a verdict for injuries sustained when a scaffold on which he was working broke, causing him to fall to the ground. His claim was for an injury to his back. He was permitted to be cross-examined about an injury to his back in 1960, from which he was still wearing a brace at the time of the February 11, 1964, injury giving rise to the suit being discussed. An orthopedic surgeon testified that he examined appellant in 1962 and treated him in connection with his back injury of September 22, 1960. The same orthopedic surgeon examined and treated appellee from January to March, 1961, for an injury to his back. Appellee was hospitalized in April, 1961. He was again hospitalized for his back in November, 1962, and again treated for his back in February, 1963. The orthopedic surgeon stated that he had a voluminous file on appellee which showed that in December, 1962, he saw appellee, at which time he advised that an exploratory operation for a protruding intervertebral disc was necessary. This earlier diagnosis was identical to that given after the February 11, 1964, injury. Examination further revealed that appellee received a back injury in August, 1962, when a scaffold broke. A claim for workmen's compensation benefits was made by appellee after this incident.

In discussing whether or not appellant McLaurin's attorney was correctly permitted to cross-examine appellee Walters about all the foregoing condensed medical history, the Court specifically noted that appellee had admittedly sustained similar injuries prior to the February, 1964, accident and was still wearing a back brace for those prior injuries. It was obvious that all of his injuries from the several incidents were the same, and, accordingly, the attorney for the defendant had the right under the authorities to inquire into those injuries to ascertain what part, if any, the incident giving rise to the suit being discussed contributed to the overall back injury picture.

In Walters, supra,

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Bluebook (online)
390 So. 2d 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-smith-miss-1980.