Jones v. Panola County

725 So. 2d 774, 1998 WL 239662
CourtMississippi Supreme Court
DecidedMay 14, 1998
Docket96-CA-00762-SCT
StatusPublished
Cited by19 cases

This text of 725 So. 2d 774 (Jones v. Panola County) 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
Jones v. Panola County, 725 So. 2d 774, 1998 WL 239662 (Mich. 1998).

Opinion

725 So.2d 774 (1998)

Randy E. JONES
v.
PANOLA COUNTY, Mississippi.

No. 96-CA-00762-SCT.

Supreme Court of Mississippi.

May 14, 1998.
Rehearing Denied August 6, 1998.

*775 John B. Gillis, Luckett Law Firm, Clarksdale, Attorney for Appellant.

Benjamin E. Griffith, Daniel J. Griffith, Griffith & Griffith, Cleveland, Attorney for Appellee.

Before PRATHER, C.J., and SMITH and WALLER, JJ.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE FACTS AND CASE

¶ 1. Randy E. Jones ("Jones") was injured on September 21, 1993 when his pickup truck collided with a gravel pile located on Sardis Landfill Road in Panola County, Mississippi. The gravel pile had been built by the Panola County road department as a barrier to an out-of-service bridge located on the road. The county had placed "Bridge Out" and "Road Closed" traffic warning signs on the road, but the signs had been knocked down at the time of the accident. Jones suffered fractures, lacerations, and contusions to his face as a result of the accident, and his injuries required surgery at a hospital in Memphis.

¶ 2. Jones' medical expenses totaled $122,919.82, and he also suffered property damages, lost wages, and partial impairment as a result of the accident. Jones filed suit against Panola County on September 6, 1994, alleging negligence on the part of the County. A jury trial was held on March 11, 1996 through March 13, 1996, and the jury returned a verdict for Panola County after less than 30 minutes of deliberation. On July 8, 1996, Jones filed an appeal to this Court.

ISSUES

I. Whether the trial court erred in denying Jones' motion for new trial on grounds that the trial court committed reversible error by denying Jones' motion in limine concerning seat belt use evidence and in allowing evidence of Jones' nonuse of a safety belt at the time of the accident to be presented at trial.

¶ 3. Jones argues that the trial court committed reversible error in denying his motion in limine to prohibit the admission at trial of evidence that he was not wearing a seat belt at the time of the accident. Jones filed this motion on March 11, 1996, citing Miss.Code Ann. § 63-2-3 (1996), which provides that:

This chapter shall not be construed to create a duty, standard of care, right or liability between the operator and passenger of any passenger motor vehicle which is not recognized under the laws of the State of Mississippi as such laws exist on the date of passage of this chapter or as such laws may at any time thereafter be constituted by statute or court decision. Failure to provide and use a seat belt restraint device or system shall not be considered contributory or comparative negligence, nor shall the violation be entered on the driving record of any individual.

Panola County's sole arguments in response to Jones' objections are procedural. The County argues that:

Jones failed to make a contemporaneous objection to the County's question on cross-examination concerning seatbelt use, and if he genuinely thought he was prejudiced by such testimony, he failed to make the required Motion for a Mistrial. In any event, any claimed error arising from such limited cross-examination of Jones on the legitimate inquiry of whether or not he was wearing a seatbelt did not result in a miscarriage of justice. Jones waived any claimed error in this regard.

The County's argument has been squarely rejected by this Court in recent decisions. In Kettle v. State, 641 So.2d 746, 748 (Miss. 1994), this Court held that the filing of a motion in limine regarding the introduction of evidence properly preserved the issue for appeal and that a contemporaneous objection was not necessary. See also Lacy v. State, 700 So.2d 602, 606 (Miss.1997). It is thus clear that Jones was not required to make a contemporaneous objection in order to preserve this issue for appeal, nor was he required to make a motion for mistrial, given that his motion in limine on this issue had already been rejected by the trial judge.

*776 ¶ 4. With regard to the substantive merits of Jones' objection, the County makes no arguments in opposition to Jones' claim that the introduction of the seat belt use evidence was contrary to statute. This Court recently held in Roberts v. Grafe Auto Co., 701 So.2d 1093 (Miss.1997) that:

Clearly the statute [§ 63-2-3] directs that evidence of the non-use of a seat belt shall not be presented to the jury. Although, defense counsel did not repeatedly argue this point, the question was asked and answered, thereby tainting the jury's mind that Roberts contributed to her injuries by not wearing a seat belt.... On remand, no statement, argument or evidence is to be presented to the jury regarding the non-use of the seat belt.

Id. at 1100. Roberts clearly indicates that the trial court committed error in admitting the evidence of seat belt non-usage in the present case. This Court concludes that this error constitutes reversible error in the present case, given that, as in Roberts, the jury was tainted by evidence of seat-belt non-usage which was admitted in contravention of statute.

II. Whether the trial court erred in denying Jones' motion for new trial on the grounds that the trial court committed reversible error in granting jury instruction 14 (jury instruction D-2) in the absence of credible evidence on the issue of superseding cause, and where the evidence was undisputed that it was foreseeable that theft, displacement, and vandalism of road warning signs in Panola County, Mississippi was reasonably foreseeable inasmuch as the county road plan, a document offered and received in evidence at trial, explicitly contemplated and planned for said occurrences.

¶ 5. Jones argues that the trial court committed reversible error in submitting instruction 14 to the jury on the issue of superseding cause. Instruction 14 reads as follows:

The Court instructs the jury that a superseding cause is an independent and unforeseen act by a third person which follows the Defendant's negligence and which is a substantial factor in causing the Plaintiff's injuries. A superseding cause becomes the proximate cause for the Plaintiff's injuries and the Defendant's negligence is a remote cause for which he is not liable. Thus, if you find from the preponderance of the evidence in this case that the Defendant was negligent in failing to discharge its duty to maintain its roads, streets and highways in a reasonably safe condition or in failing to discharge its duty to warn motorists using its roads, streets, and highways of dangerous conditions on said roads, streets, and highways of which Defendant had either actual or constructive knowledge, or in failing to discharge its duty to maintain its roads, streets, and highways in a reasonably safe condition for use by Plaintiff Jones and other motorists, but that an independent and unforeseeable act by a third person in removing the "Road Closed" sign and/or the "Bridge Out" sign followed the defendant's negligent acts, if any, and was a substantial factor in causing the Plaintiff's injuries, then the Defendant is not liable for the injuries proximately resulting from the superseding cause, and your verdict shall be for the Defendant.

¶ 6. Jones argues that:

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Cite This Page — Counsel Stack

Bluebook (online)
725 So. 2d 774, 1998 WL 239662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-panola-county-miss-1998.