Harris ex rel. Harris v. Allstate Insurance

787 So. 2d 683, 2001 Miss. App. LEXIS 232, 2001 WL 647797
CourtCourt of Appeals of Mississippi
DecidedJune 12, 2001
DocketNo. 2000-CA-00032-COA
StatusPublished

This text of 787 So. 2d 683 (Harris ex rel. Harris v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris ex rel. Harris v. Allstate Insurance, 787 So. 2d 683, 2001 Miss. App. LEXIS 232, 2001 WL 647797 (Mich. Ct. App. 2001).

Opinion

KING, P.J.,

for the Court:

¶ 1. Annie Harris filed a wrongful death claim against Robert Hughes for the wrongful death beneficiaries of Christopher Harris. Robert Hughes requested representation in this action from Allstate Insurance Company (Allstate) which provided his homeowner’s insurance policy. After investigating the facts, Allstate issued a reservation of rights letter, retained counsel to represent Hughes and intervened in the wrongful death action for the purpose of obtaining a declaratory judgment on the issue of coverage. The coverage issues were tried before a jury, which found that Hughes’ actions were not covered under the Allstate homeowner’s policy. Harris filed appropriate post-trial motions, which were denied. Aggrieved by this decision, Harris appeals and raises the following issues: (1) whether the verdict [685]*685for Allstate was against the overwhelming weight of the evidence; (2) whether the trial court erred by failing to grant the appellants’ motion for judgment notwithstanding the verdict, or in the alternative, a new trial; (3) whether the trial court erred by failing to grant instruction D-l which was the peremptory instruction finding coverage in favor of the heirs of Christopher Harris; and (4) whether the trial court erred by not allowing testimony or evidence that Robert Hughes was acquitted of murder charges arising from the death of Christopher Harris.

FACTS

¶2. Robert Hughes suspected that his wife, Mary Hughes, was having an affair with Christopher Harris. On the afternoon of March 19, 1997, Robert Hughes, a field officer for the Department of Corrections, spent the afternoon practicing his marksmanship at the police firing range with two .38 caliber revolvers. After completing the practice session, Hughes placed one of the revolvers underneath the seat of his car, placed the other one inside his waistband and went home. Hughes, who arrived at home prior to his wife, was there watching television, when Mrs. Hughes arrived at home later that evening.

¶ 3. Mrs. Hughes told him that she was going to visit an aunt and walked outside to her car. Hughes looked out of the window and noticed that his wife was putting on lipstick and brushing her hair. He then returned to the couch to watch television and pondered his wife’s unusual behavior. Hughes, who suspected that his wife was engaged in an affair with Christopher Harris, had installed a tape recorder in the garage to record her conversations. After pondering further his wife’s unusual behavior, Hughes checked the tape, and discovered that his wife had had a conversation with Harris earlier that day. During the conversation, Harris asked Mrs. Hughes to take him to pick up his car from the parking lot of a local hotel. Hughes decided to confront his wife and Harris at the hotel.

¶ 4. Hughes, with his young daughter in the car, arrived at the hotel and waited for his wife and Harris to arrive. After Mrs. Hughes pulled into the parking lot with Harris, Hughes got out of his car and walked to Mrs. Hughes’ car. He hit the passenger side window, opened the car door and shouted a warning at Harris about bothering him. Mrs. Hughes, fearing what her husband might do, ran from the parking lot toward the hotel.

¶ 5. At the trial, Hughes offered this version of the events in the hotel parking lot. When Harris came toward him, Hughes pulled his gun to scare Harris away. However, Harris kept coming toward him and twice swung his hand at the gun. The gun discharged, struck Harris in the chest and killed him. After the shooting, the police arrived and found Harris in the front passenger seat slumped over toward the console with his left foot inside the car and his right foot hanging outside of the car touching the ground. Hughes was later arrested on a charge of murder, but was acquitted after trial.

¶ 6. Harris’ heirs filed a wrongful death action against Hughes claiming negligence, intentional and negligent infliction of emotional distress and assault and battery. Allstate intervened in the action after Hughes demanded that he be provided a defense under his homeowner’s policy. In the petition to intervene, Allstate requested a declaratory judgment on coverage obligations to Hughes. Harris’ wrongful death heirs settled with Hughes and the matter proceeded to trial to determine coverage obligations. The jury returned a verdict for Allstate denying Hughes cover[686]*686age for the shooting. After filing the appropriate post-trial motions and being denied relief, the wrongful death heirs have appealed.

I.

Whether the verdict for Allstate was against the overwhelming weight of the evidence?

II.

Whether the trial court erred by failing to grant the appellants’ motion for judgment notwithstanding the verdict, or in the alternative, a new trial?

¶ 7. Mrs. Harris’ issues I and II are interwoven, and this Court will therefore address them jointly. In these issues, Mrs. Harris suggests that there was sufficient evidence of accidental injury to bring this action within the coverage of Hughes’ homeowner’s policy, and that she is therefore entitled to a new trial on this issue.

¶ 8. The grant or denial of a new trial is within the sound discretion of the trial judge. “This Court will reverse a trial judge’s denial of a request for a new trial only when such denial amounts to an abuse of that judge’s discretion.” Shields v. Easterling, 676 So.2d 293, 298 (Miss.1996) (quoting Bobby Kitchens, Inc. v. Mississippi Ins. Guar. Ass’n, 560 So.2d 129, 132 (Miss.1989) (stating that a new trial may be granted when, for instance, the 'verdict, is against the overwhelming weight of the evidence, when the jury has been confused by faulty instructions, or when the jury verdict is a result of passion, bias or prejudice)). Morgan v. State, 703 So.2d 832, 840 (Miss.1997); See also Esparaza v. State, 595 So.2d 418, 426 (Miss.1992). Absent an abuse of discretion, this Court is “without power to disturb such a determination.” Muse v. Hutchins, 559 So.2d 1031, 1034 (Miss.1990). Consistent with this standard, we find that the following evidence supports the jury’s verdict that Hughes’ actions were intentional and not covered under the homeowner’s policy: (1) Hughes testified that he went to the hotel and waited to confront his wife and Harris; (2) Hughes armed himself with two guns to go to the hotel; (3) Hughes hit on the car window, opened the door and threatened Harris; and (4) Hughes deliberately pointed a loaded gun at Harris.

¶ 9. In making a decision to grant or deny a motion for judgment notwithstanding the verdict, the trial court must consider the evidence in the light most favorable to the non-moving party, giving that party the benefit of all favorable inferences that may be reasonably drawn from the evidence, as well as contemplating any uncontradicted evidence presented by the moving party. Pickering v. Industria Masina I Traktora, 740 So.2d 836(¶ 23) (Miss.1999); American Fire Protection, Inc. v. Lewis, 653 So.2d 1387, 1390 (Miss.1995); Eselin-Bullock & Assocs. Ins. Agency v. National Gen. Ins. Co., 604 So.2d 236, 240 (Miss.1992). If the facts point so overwhelmingly in favor of the appellant that reasonable men could not have arrived at a contrary verdict, we are required to reverse and render. Steele v. Inn of Vicksburg, Inc., 697 So.2d 373, 376 (Miss.1997). If there is substantial evidence of such quality and weight that reasonable and fair minded jurors might have reached different conclusions, affirmance is required. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

American Fire Protection, Inc. v. Lewis
653 So. 2d 1387 (Mississippi Supreme Court, 1995)
ESELIN-BULLOCK & ASSO'S INS. AGENCY, INC. v. National General Ins. Co.
604 So. 2d 236 (Mississippi Supreme Court, 1992)
Floyd v. City of Crystal Springs
749 So. 2d 110 (Mississippi Supreme Court, 1999)
Shields v. Easterling
676 So. 2d 293 (Mississippi Supreme Court, 1996)
In Re Estate of Mask
703 So. 2d 852 (Mississippi Supreme Court, 1997)
Morgan v. State
703 So. 2d 832 (Mississippi Supreme Court, 1997)
Esparaza v. State
595 So. 2d 418 (Mississippi Supreme Court, 1992)
Terrain Enterprises, Inc. v. Mockbee
654 So. 2d 1122 (Mississippi Supreme Court, 1995)
Thompson MacHinery Commerce v. Wallace
687 So. 2d 149 (Mississippi Supreme Court, 1997)
Hoops v. State
681 So. 2d 521 (Mississippi Supreme Court, 1996)
Bobby Kitchens v. Miss. Ins. Guar. Ass'n
560 So. 2d 129 (Mississippi Supreme Court, 1989)
Smith v. Dorsey
599 So. 2d 529 (Mississippi Supreme Court, 1992)
Pickering v. Industria Masina I Traktora
740 So. 2d 836 (Mississippi Supreme Court, 1999)
Muse v. Hutchins
559 So. 2d 1031 (Mississippi Supreme Court, 1990)
Pate v. State
419 So. 2d 1324 (Mississippi Supreme Court, 1982)
Steele v. Inn of Vicksburg, Inc.
697 So. 2d 373 (Mississippi Supreme Court, 1997)
Bridges v. State
122 So. 533 (Mississippi Supreme Court, 1929)
Johnson v. State
122 So. 529 (Mississippi Supreme Court, 1929)

Cite This Page — Counsel Stack

Bluebook (online)
787 So. 2d 683, 2001 Miss. App. LEXIS 232, 2001 WL 647797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-ex-rel-harris-v-allstate-insurance-missctapp-2001.