Jack Gray Transport, Inc. v. Taylor

725 So. 2d 898, 1998 Miss. LEXIS 314, 1998 WL 334729
CourtMississippi Supreme Court
DecidedJune 25, 1998
DocketNo. 94-CT-00901-SCT
StatusPublished
Cited by2 cases

This text of 725 So. 2d 898 (Jack Gray Transport, Inc. v. Taylor) 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
Jack Gray Transport, Inc. v. Taylor, 725 So. 2d 898, 1998 Miss. LEXIS 314, 1998 WL 334729 (Mich. 1998).

Opinion

ON PETITION FOR WRIT OF CERTIORARI

SMITH, Justice, FOR THE COURT:

¶ 1. Lois Taylor and Joe Taylor filed their personal injury action in 1990 against Jack Gray Transport and Robert G. McComas, after a truck driven by McComas ran into the back of a car in which Lois Taylor was a passenger. After a jury trial in March and April of 1994 solely on damages, the jury returned a verdict of $67,000 in favor of Lois Taylor, with no award returned for Joe Taylor. The trial court reduced the judgment by $10,000 based on a previous settlement with a co-defendant. The trial court subsequently granted the Taylors an additur of $140,000. Jack Gray Transport and McComas appealed. The appeal was assigned to the Court of Appeals, which reversed the additur and reinstated the original jury verdict by a vote of [899]*8997-3. We granted the petition for writ of certiorari filed by Lois and Jack Taylor, and after consideration find that the judgment of the circuit court, including the additur, should be reinstated.

I.

¶2. On December 8, 1987, Lois Taylor, a passenger in the front seat of Hattie Henderson’s car, was injured when Robert McComas, a driver with Jack Gray Transport, hit the ear from behind. Taylor and her husband Joe filed suit in September 1990 in Clay County Circuit Court. The case was eventually transferred to Monroe County when the claim against Henderson was settled for $10,000. In April 1994 the matter was tried solely on the issue of damages. After trial the jury returned a verdict of $67,000 for Lois Taylor and nothing for Joe Taylor on his loss of consortium claim. The circuit court reduced the award by the $10,-000 which had previously been paid in settlement. The circuit court then granted an additur of $140,000. Jack Gray Transport appealed and the Taylors cross-appealed.

¶ 3. The Court of Appeals recited the accepted case law on the subject and found that the jury had acted within its authority in accepting or rejecting medical and expert testimony. It found that there was “no rational basis to conclude that this resolution of conflicting evidence was the result of anything other than proper jury deliberation.” The Court of Appeals found that the circuit comb’s award of the additur amounted to manifest error and reversed and reinstated the original jury verdict.

II.

¶ 4. The law on the subject of additurs is well-settled, and begins with Miss.Code Ann. § 11-1-55 (1991):

The supreme court or any other court of record in a case in which money damages were awarded may overrule a motion for new trial or affirm on direct or cross appeal, upon condition of an additur or remit-titur, if the court finds that the damages are excessive or inadequate for the reason that the jury or trier of the facts was influenced by bias, prejudice, or passion, or that the damages awarded were contrary to the overwhelming weight of the credible evidence. If such additur or remittitur be not accepted then the court may direct a new trial on damages only. If the additur or remittitur is accepted and the other party perfects a direct appeal, then the party accepting the additur or remittitur shall have the right to cross appeal for the purpose of reversing the action of the court in regard to the additur or remitti-tur.

¶ 5. This Court further stated, in Rodgers v. Pascagoula Public School District, 611 So.2d 942, 945 (Miss.1992):

The scope of appellate review in an additur appeal is limited to determining whether the trial court abused its discretion. State Highway Comm’n v. Warren, 530 So.2d 704, 707 (Miss.1988). This Court has further noted that the party seeking the addi-tur has the burden of proving his injuries, damages and loss of income. In determining whether this burden is met, this Court must view the evidence in the light most favorable to the defendant, giving that party all favorable inferences that reasonably may be drawn therefrom. Miss.Code Ann. § 11-1-55 (Supp.1990); Odom v. Roberts, 606 So.2d 114 (Miss.1992); Copeland v. City of Jackson, 548 So.2d 970, 974 (Miss.1989); Hill v. Dunaway, 487 So.2d 807, 811 (Miss.1986). Awards fixed by jury determination are not merely advisory and will not under the general rule be set aside unless so unreasonable in amount as to strike mankind at first blush as being beyond all measure, unreasonable in amount and outrageous. Mississippi State Highway Comm’n v. Antioch Baptist Church, 392 So.2d 512, 514 (Miss.1981) citing Toyota Motor Co. v. Sanford, 375 So.2d 1036 (Miss.1979) and Womble v. Mississippi State Highway Comm’n, 239 Miss. 372, 123 So.2d 235 (1960); see also Standard Products, Inc. v. Patterson, 317 So.2d 376 (Miss.1975). This is because the amount of damages awarded is primarily a question for the jury. South Central Bell Telephone Co. v. Parker, 491 So.2d 212, 217 (Miss.1986); Edwards v. Ellis, 478 So.2d 282, 289 (Miss.1985). Additurs represent a [900]*900judicial incursion into the traditional habitat of the jury, and therefore should never be employed without great caution. Gibbs v. Banks, 527 So.2d 658, 659 (Miss.1988).

¶ 6. Lois Taylor was 39 at the time of trial. She had four children between the ages of 19 and 8. As a result of the accident Lois Taylor alleged that she suffered lacerations to her right ear and face and chronic pain in the back of her head, neck, shoulder, back and right leg. Lois Taylor, her husband, and several of her friends testified as to how her injuries detrimentally affected her life, preventing her from doing housework, keeping a garden, and other physically-oriented activities. She underwent two surgeries to remove glass from her face; several epidural steroid injections; a percutaneous discecto-my; a discogram; a chemonucleolysis procedure; a laminectomy surgery on her back; and surgery to correct a scar on her jaw. Lois Taylor introduced evidence of $42,000 in medical expenses. Some of these were vigorously contested by Jack Gray Transport, such as the $20,400 charged by Dr. John McPadden of Tupelo, who specialized in pain medicine, and the $5,295 by Dr. William Brown, a neurosurgeon who operated on Taylor. McPadden performed the epidural injections, the discogram and the percutaneous discectomy; Brown did the chemonucle-lysis and the lumbar laminectomy surgery.

¶ 7. Dr. Charles Currie, a neuroradiologist who testified as an expert for Jack Gray Transport, reviewed Lois Taylor’s lumbar x-rays after the accident and found them normal; reviewed a CAT scan of her spine and found a mild central bulge of disc L4, 5 which did not result in nerve root compression or significant narrowing of the canal; found no disc herniation; identified the discogram as an obsolete medical procedure which he had never performed and no one at the North Mississippi Medical Center had privileges to perform; and stated that he would not have recommended surgery for Lois Taylor.

¶ 8. Taylor had dropped out of school in the 11th grade and had worked as a sewing machine operator in garment and furniture factories. She was working as a sewing machine operator for Twentieth Century Furniture in Okolona at the time of the accident. After the accident in question Taylor claimed that her wages at the time of her accident had been $12,971 annually.

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725 So. 2d 898, 1998 Miss. LEXIS 314, 1998 WL 334729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jack-gray-transport-inc-v-taylor-miss-1998.