Illinois Cent. R. Co. v. Clinton

727 So. 2d 731, 1998 WL 812268
CourtCourt of Appeals of Mississippi
DecidedNovember 24, 1998
Docket95-CA-01337 COA
StatusPublished
Cited by13 cases

This text of 727 So. 2d 731 (Illinois Cent. R. Co. v. Clinton) 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
Illinois Cent. R. Co. v. Clinton, 727 So. 2d 731, 1998 WL 812268 (Mich. Ct. App. 1998).

Opinion

727 So.2d 731 (1998)

ILLINOIS CENTRAL RAILROAD COMPANY, Appellant,
v.
L.A. CLINTON, Appellee.

No. 95-CA-01337 COA.

Court of Appeals of Mississippi.

November 24, 1998.
Rehearing Denied January 26, 1999.
Certiorari Denied March 25, 1999.

*732 Vicki Leggett, Patrick Zachary, Hattiesburg, for Appellant.

Eugene Tullos, Frank Burge, Birmingham, AL, for Appellee.

EN BANC.

DIAZ, J., for the Court:

¶ 1. Illinois Central Railroad Company appeals the jury's finding of negligence and award of damages to the appellee, L.A. Clinton. On appeal, Illinois Central argues (1) that the evidence was insufficient to support the verdict, (2) that the trial court erred in failing to grant a directed verdict, (3) that Illinois Central is entitled to a new trial, and *733 (4) that the cumulative error in this case requires reversal. Finding the appellant's arguments without merit, we affirm.

FACTS

¶ 2. On August 7, 1989, L.A. Clinton, an Illinois Central employee, was assigned the duty of switching out railroad cars at the Georgia-Pacific plant in Taylorsville, Mississippi. His job required him to dismount moving trains, and on the day in question, Clinton stepped down from the train into a washed out area of the walkway and twisted his knee. Clinton testified that the area appeared to be old and that he had previously reported unsafe working conditions in the walkways on numerous occasions. Clinton continued working but notified his employer at the end of his shift that he had suffered an injury. A few weeks later, Clinton began physical therapy, and in October of 1989, he underwent surgery to remove the damaged cartilage from his knee. Although he was still experiencing pain in his knee, Clinton returned to work on January 2, 1990. On March 3, 1992, Clinton filed suit against Illinois Central, pursuant to the Federal Employers' Liability Act (FELA), alleging that his injuries were caused by the railroad's negligence. Following a jury trial, Illinois Central was found to have negligently caused Clinton's injuries, and Clinton was subsequently awarded $431,000 in damages. It is from this verdict that Illinois Central appeals.

DISCUSSION

I. WAS THE EVIDENCE SUFFICIENT TO SUPPORT THE VERDICT IN FAVOR OF CLINTON AND DID THE TRIAL COURT ERR IN FAILING TO GRANT A JUDGMENT NOTWITHSTANDING THE VERDICT OR A DIRECTED VERDICT?

¶ 3. Because the standards of review for the denial of a judgment notwithstanding the verdict (JNOV) and a directed verdict are the same, Steele v. Inn of Vicksburg, Inc., 697 So.2d 373, 376 (Miss.1997), we will group the appellant's first two arguments for discussion purposes. Under the applicable standard,

this Court will consider the evidence in the light most favorable to the appellee, giving that party the benefit of all favorable inference[s] that may be reasonably drawn from the evidence. If the facts so considered 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. On the other hand if there is substantial evidence in support of the verdict, that is, evidence of such quality and weight that reasonable and fair minded jurors in the exercise of impartial judgment might have reached different conclusions, affirmance is required.

Id.

¶ 4. The Federal Employers' Liability Act (FELA) renders a railroad carrier liable for negligently causing an employee's injury while he or she is employed by the railroad. Coats v. Penrod Drilling Corp., 61 F.3d 1113, 1147 (5th Cir.1995). Therefore, in order to prevail, Clinton must show that he was injured, that the railroad was negligent, and that his injury was caused by the railroad's negligence. Wooden v. Missouri Pac. R.R. Co., 862 F.2d 560, 561 (5th Cir.1989). The test of a jury case is whether "employer negligence played any part, even the slightest, in producing the injury ... for which damages are sought." Rogers v. Missouri Pac. R.R. Co., 352 U.S. 500, 506, 77 S.Ct. 443, 1 L.Ed.2d 493 (1957).

¶ 5. In the present case, Clinton testified before the jury that the washed out area where he was injured was approximately fifteen to twenty feet long, twelve to eighteen inches wide, and six to twelve inches deep. He also testified that he had previously notified his employer of defects in the walkways. "The question of negligence is determined by the jury," Presswood v. Cook, 658 So.2d 859, 862 (Miss.1995), and in the present case, the jury concluded that the railroad was negligent in causing Clinton's injury. Viewing the evidence in the light most favorable to Clinton, it is clear that substantial evidence existed in support of the jury's verdict.

*734 ¶ 6. Neither do we agree with the appellant's contention that Clinton's alleged contributory negligence warranted a directed verdict in favor of Illinois Central. The jury was instructed to consider whether Clinton was contributorily negligent in failing to use ordinary and reasonable care in dismounting from the train. The jury rejected the appellant's contention that Clinton was responsible in whole or in part for his injuries. When the facts are in dispute, the jury is given the authority to resolve them, Henson v. Roberts, 679 So.2d 1041, 1045 (Miss.1996), and this jury did so in favor of Clinton. We will not, therefore, reverse the jury's verdict based upon the appellant's challenge of the sufficiency of the evidence.

II. IS THE APPELLANT ENTITLED TO A NEW TRIAL?

¶ 7. Illinois Central next urges this Court to grant a new trial because (1) the judgment was against the overwhelming weight of the evidence, (2) the appellant was not afforded a fair and impartial jury, (3) the trial court erroneously admitted prejudicial photographs into evidence, (4) the trial court erred in allowing portions of Clinton's doctor's deposition testimony into evidence, and (5) the jury was improperly instructed.

a. Weight of the evidence
In determining whether a jury verdict is against the overwhelming weight of the evidence, this Court must accept as true the evidence which supports the verdict and will reverse only when convinced that the circuit court has abused its discretion in failing to grant a new trial. Only when the verdict is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice will this Court disturb it on appeal.

Herrington v. Spell, 692 So.2d 93, 103 (Miss. 1997) (citations omitted). Clearly, a jury question existed as to whether the railroad was negligent and if so, whether that negligence caused Clinton's injury. The jury answered those questions in the affirmative, and we are not at liberty to overturn their decision absent a finding that their verdict was "clearly erroneous." Id. A careful review of the record reveals no such error; thus, we are not persuaded by the appellant's argument that the jury's verdict was against the overwhelming weight of the evidence.

b. Fair and impartial jury

¶ 8.

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Cite This Page — Counsel Stack

Bluebook (online)
727 So. 2d 731, 1998 WL 812268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-cent-r-co-v-clinton-missctapp-1998.