Jackson Public School Dist. v. Smith

875 So. 2d 1100, 2004 WL 1381921
CourtCourt of Appeals of Mississippi
DecidedJune 22, 2004
Docket2003-CA-00095-COA
StatusPublished
Cited by5 cases

This text of 875 So. 2d 1100 (Jackson Public School Dist. v. Smith) 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
Jackson Public School Dist. v. Smith, 875 So. 2d 1100, 2004 WL 1381921 (Mich. Ct. App. 2004).

Opinion

875 So.2d 1100 (2004)

JACKSON PUBLIC SCHOOL DISTRICT and Wilbur Hardy, Appellants,
v.
Tasha SMITH, as Next Friend and Natural Guardian of Jaquan Cox, A Minor, Appellee.

No. 2003-CA-00095-COA.

Court of Appeals of Mississippi.

June 22, 2004.

*1101 Jennifer L. Garvin, Fred L. Banks, John P. Sneed, James W. Shelson, Jackson, attorneys for appellants.

Larry Stamps Yumeka Chanee' Rushing, attorneys for appellee.

Before KING, C.J., THOMAS, IRVING and MYERS, JJ.

IRVING, J., for the Court.

¶ 1. The Jackson Public School District (JPS) appeals from an adverse judgment of the Circuit Court of Hinds County in a negligence action where the judge awarded $850,000 in damages to Tasha Smith for the benefit of Smith's minor son, JaQuan Cox, who was struck by a JPS school bus. In this appeal, JPS asserts the following issues for our consideration: (1) whether the trial court erred in not allocating any fault to Tasha Smith for her negligence in causing the damages sustained by JaQuan, and (2) whether the trial court's non-economic damages award of $816,840.72 is grossly excessive.

¶ 2. We find that the damage award of $850,000 is excessive. Therefore, we remit the $850,000 award to $400,000.

FACTS

¶ 3. On January 21, 2000, JaQuan was struck by a JPS school bus as he was attempting to cross Nantucket Street in the City of Jackson to access a pathway leading to Raines Elementary School where he was a second grade student. At the time of this incident, JaQuan was eight years old.

¶ 4. The accident occurred just after JaQuan's mother, Tasha Smith, let him out of her van on the right hand side of Nantucket Street just short of the stop sign at the street's intersection with Flag Chapel Road.[1] No crosswalk or crossing guard *1102 was present at this location. JaQuan exited the van, went around the rear of the van, and proceeded to cross Nantucket Street to get to the pathway leading to his school.

¶ 5. At about the same time that JaQuan was exiting his mother's van, Wilbur Hardy, an employee of JPS, was driving a JPS school bus south on Flag Chapel approaching the intersection of Flag Chapel and Nantucket. When the oncoming traffic cleared on Flag Chapel, Hardy made a left turn onto Nantucket. As he made the turn, the school bus struck JaQuan. After the bus was brought to a stop, it was determined that JaQuan was under the bus's fender with his hand pinned under one of the bus's front wheels. Hardy immediately entered the bus and put it in reverse to back off JaQuan's hand.

¶ 6. JaQuan sustained scrapes on his chin, nose, lip, forehead, and back. He also had chipped teeth and sustained a more serious injury to his right hand, such as several deep lacerations, several damaged nail beds, and the loss of the tendon of his ring finger. JaQuan also missed three months of school.

¶ 7. Smith sued JPS and Hardy. JPS's liability was premised both on the doctrine of respondeat superior, since Hardy was JPS's employee, and on a theory of negligent hiring, training, and retaining of Hardy. Additionally, Smith alleged that JPS failed to develop, implement and/or enforce a reasonable and prudent safety program.

¶ 8. Smith's case against JPS proceeded to a bench trial, and at the conclusion of the trial, the circuit judge found that Hardy was negligent and that his negligence was the sole proximate cause of JaQuan's injuries. Consequently, the judge awarded JaQuan damages in the amount of $850,000, which included $33,159.28 in medical bills, pain and suffering, permanent disfigurement, and loss of enjoyment of life. JPS sought a new trial and a remittitur, but its motions were denied.

ANALYSIS AND DISCUSSION OF THE ISSUES

Standard of Review

¶ 9. This action was brought under the Mississippi Torts Claims Act which permits negligence actions against JPS, but requires a bench trial with the circuit judge sitting as finder of fact. In Ezell v. Williams, 724 So.2d 396 (Miss.1998), our supreme court enunciated the following standard of review for such cases:

Our familiar standard of review requires that when a trial judge sits without a jury, this Court will not disturb his factual determinations where there is substantial evidence in the record to support those findings. Put another way, this Court ought and generally will affirm a trial court sitting without a jury on a question of fact unless, based upon substantial evidence, the court must be manifestly wrong. This Court must examine the entire record and accept that evidence which supports or reasonably tends to support the findings of fact made below, together with all reasonable inferences which may be drawn therefrom and which favor the lower court's findings of fact.

Id. at 397 (¶ 4) (citations omitted).

¶ 10. Concerning this standard of review, JPS argues that an important exception *1103 to this deferential standard exists and applies to the case sub judice. Citing McCarty v. State, 554 So.2d 909 (Miss. 1989) as its authority, JPS asserts that if the trial judge fails to make specific findings and makes only general findings, or makes no findings at all, the scope of review is considerably broader. JPS explains that the circuit judge made only general findings concerning allocation of negligence. It therefore concludes that the circuit judge is not entitled to the deference ordinarily accorded to his findings of fact because he made only "general findings" regarding Smith's negligence.

¶ 11. We are unpersuaded by JPS's arguments that McCarty is applicable here. McCarty involved the failure of a judge to make specific findings of fact when determining the admissibility of evidence. Here, we are concerned not with the factual basis for the admissibility of evidence, but with general factual determinations made by the trial judge concerning fault.

¶ 12. Because we find no merit in JPS's arguments, we find that the substantial evidence rule applies; therefore, the trial court's findings of fact should be given deference equal to that accorded other judges sitting without a jury.

1. Allocation of Fault to Tasha Smith

¶ 13. JPS argues that the circuit judge erred when he failed to allocate any fault to Smith for the injuries sustained by JaQuan. JPS argues that fault should have been assigned to Smith because the evidence demonstrates that she was negligent. JPS explains that Smith and her children were running late on the morning of the accident. It proposes that this circumstance contributed to Smith's negligent actions. Next, JPS specifically points out that Smith was negligent when she (1) dropped JaQuan off on the wrong side of the street, leaving him to "jaywalk" across the street alone and (2) allowed JaQuan to go behind her van to cross Nantucket. Finally, JPS asserts that the accident would not have occurred, or the probability of its occurring would have be reduced significantly if Smith had exercised ordinary care. According to JPS, Smith's actions, or lack thereof, virtually ensured that JaQuan would become a "darting child" from behind her van.

¶ 14. As a part of its submission that the trial judge erred in not assigning any fault to Smith, JPS posits that the circuit judge ignored the clear mandate of Mississippi Code Annotated § 85-5-7(7) (1972) which, in JPS's view, specifies that the judge shall make such a finding.

¶ 15.

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