Mitchell v. Glimm

819 So. 2d 548, 2002 WL 454021
CourtCourt of Appeals of Mississippi
DecidedMarch 26, 2002
Docket2000-CA-01684-COA
StatusPublished
Cited by17 cases

This text of 819 So. 2d 548 (Mitchell v. Glimm) 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
Mitchell v. Glimm, 819 So. 2d 548, 2002 WL 454021 (Mich. Ct. App. 2002).

Opinion

819 So.2d 548 (2002)

Kimberly D. MITCHELL, Appellant,
v.
Olive S. GLIMM, Appellee.

No. 2000-CA-01684-COA.

Court of Appeals of Mississippi.

March 26, 2002.
Rehearing Denied June 18, 2002.

*549 David O. McCormick, Pascagoula, Paul T. Benton, Alfred Herbert Ruemke, III, Biloxi, Michelle L. Ward, Pascagoula, Carol *550 Ladner, Gulfport, attorneys for appellant.

John A. Banahan, Melinda Owen Johnson, attorneys for appellee.

EN BANC.

MYERS, J., for the court.

¶ 1. This case results from a three-car accident in Ocean Springs, Mississippi. Olive S. Glimm struck Kimberly D. Mitchell from behind causing Mitchell's car to strike the car in front of her. Mitchell complained of neck and back pain and was taken to a local emergency room for evaluation. Subsequently, Mitchell developed pain in her hands and arms which she alleged resulted from the accident. Mitchell sought treatment for her ailments and numerous surgeries and procedures resulted in an attempt to alleviate Mitchell's pain. A trial was had with the jury returning a verdict for Mitchell but awarding zero dollars in damages. Mitchell moved for a new trial which the trial court denied. From the denial of that motion, Mitchell appeals raising the following issues:

1. WHETHER THE TRIAL COURT ERRED BY DENYING MITCHELL'S MOTION FOR A NEW TRIAL;

2. WHETHER THE TRIAL COURT ERRED IN LIMITING THE TESTIMONY OF MITCHELL'S EXPERT AND ADMITTING THE TESTIMONY OF GLIMM'S EXPERT;

3. WHETHER THE TRIAL COURT ERRED IN DENYING MITCHELL'S MOTION FOR A MISTRIAL; AND

4. WHETHER THE TRIAL COURT ERRED IN EXCLUDING EVIDENCE OF LIABILITY INSURANCE.

STATEMENT OF FACTS

¶ 2. On July 22, 1994, Kimberly Mitchell was hit from behind by Olive Glimm, causing Mitchell's car to strike the car in front of her. Mitchell complained at the scene of pain in her neck and back and was taken by ambulance to Kessler Air Force Base's hospital where Mitchell was employed as a nurse. Shortly after this accident Mitchell went on a two-week vacation to South Carolina. After returning from her vacation, Mitchell first complained of pain in her arms. Mitchell's condition deteriorated to such an extent that she was placed on sick leave, then later to the patient squadron, and eventually discharged from the United States Air Force due to her medical problems.

¶ 3. It was established at trial that Mitchell eventually sought medical treatment from a pain clinic where she was diagnosed with reflex sympathetic dystrophy, thoracic outlet syndrome and ulnar nerve entrapment. As a result of this diagnosis, Mitchell underwent numerous surgeries and procedures in an attempt to alleviate pain and regain the use of her arms. It was also established from prior medical records that Mitchell suffered from similar symptoms before the accident as she had sought medical treatment prior to the accident complaining of coldness in her arms. The treating physician diagnosed Mitchell as possibly having Raynaud's Syndrome.

¶ 4. Both Mitchell and Glimm each presented several experts who testified concerning the accuracy of the diagnosis and whether the impacts suffered by Mitchell as a result of this accident caused the injuries Mitchell claims she suffered. The trial court did not allow Mitchell's accident reconstructionist to testify to the affect the collisions would have on a human body because the trial court found that the expert did not have the necessary qualifications to testify to that issue. The trial judge allowed Glimm's expert witness to testify to the affect the collisions suffered *551 by Mitchell would have on a human body as the trial court deemed the witness to have the necessary qualifications to testify on those issues.

¶ 5. During the course of the trial, Mitchell sought to introduce evidence of bias and prejudice on the part of Glimm's expert witness. Mitchell sought to introduce evidence that the witness' employer derived twenty-seven percent of its income from conducting research for insurance companies and that Glimm's insurance company constituted a total of ten percent of the total income of the expert's employer. The trial court refused to allow the introduction of that evidence. At the conclusion of the trial, the jury delivered a verdict for Mitchell, but awarded zero dollars in damages. Mitchell then moved for a new trial which the trial court denied. Aggrieved by this decision, Mitchell perfected this appeal.

STANDARD OF REVIEW AND LEGAL ANALYSIS

1. WHETHER THE TRIAL COURT ERRED BY DENYING MITCHELL'S MOTION FOR A NEW TRIAL.

¶ 6. Mitchell first contends that the trial court erred when it denied her motion for a new trial. Motions for new trial challenge the weight of the evidence. Gordon v. McDonald, 743 So.2d 1029, 1033(¶ 25) (Miss.Ct.App.1999). Whether the trial court grants or denies a motion for new trial is a question of the trial judge's discretion. Trustmark Nat'l Bank v. Jeff Anderson Med. Ctr., 792 So.2d 267, 274(¶ 17) (Miss.Ct.App.2000). When evaluating the trial judge's decision to deny a motion for new trial, all evidence is viewed in the light most favorable to the nonmoving party and this Court will only reverse where there is an abuse of discretion by the trial court. Id. Both parties presented several expert witnesses at trial, each stating that Mitchell suffered some injury from the accident. Whether all the injuries suffered by Mitchell were a result of the accident is not a question for this Court to resolve; however, it is undisputed that Mitchell suffered some injury as a result of the accident. Upon viewing the evidence presented at trial in the light most favorable to Glimm, it is clear that Mitchell suffered some damages from this accident. The jury verdict is, therefore, against the overwhelming weight of the evidence and is reversed. We remand this case to the trial court for a new trial only on the issue of damages.

2. WHETHER THE TRIAL COURT ERRED IN LIMITING THE TESTIMONY OF MITCHELL'S EXPERT AND ADMITTING THE TESTIMONY OF GLIMM'S EXPERT.

¶ 7. Mitchell next contends that the trial court erred by limiting the testimony of her expert and admitting the testimony of Glimm's expert. The admission or exclusion of expert testimony is controlled by the trial judge's discretion and this Court will not disturb that decision unless the trial court clearly abused that discretion. Sheffield v. Goodwin, 740 So.2d 854, 856(¶ 6) (Miss.1999). Before a person can testify as an expert, he or she must first be qualified as an expert. Watkins v. U-Haul Int'l, Inc., 770 So.2d 970, 973(¶ 10) (Miss.Ct.App.2000). In order to qualify as an expert, a person "must possess some experience or expertise beyond that of the average, randomly selected adult." Crawford v. State, 754 So.2d 1211, 1215(¶ 7) (Miss.2000). With these standards in mind, we look to the points of error presented in this issue.

A. Mitchell's Expert.

¶ 8. Mitchell presented a licensed engineer to testify to the forces involved in *552 the impact experienced by Mitchell as a result of the accident. The trial court allowed the expert to testify to this. The trial court, however, refused to allow Mitchell's expert to testify to the affect the impact would have on a human body finding that Mitchell's expert had not demonstrated sufficient credentials or experience in the area of biomechanics to render an expert opinion.

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

Related

Curtis Brown v. Professional Building Services, Inc.
Court of Appeals of Mississippi, 2017
Ray v. Draeger
353 P.3d 806 (Alaska Supreme Court, 2015)
Palmer v. State
986 So. 2d 328 (Court of Appeals of Mississippi, 2007)
Marron v. Stromstad
123 P.3d 992 (Alaska Supreme Court, 2005)
Baker v. State
930 So. 2d 399 (Court of Appeals of Mississippi, 2005)
Pittman v. State
904 So. 2d 1185 (Court of Appeals of Mississippi, 2004)
Wilson v. General Motors Acceptance Corp.
883 So. 2d 56 (Mississippi Supreme Court, 2004)
Woods v. State
883 So. 2d 583 (Court of Appeals of Mississippi, 2004)
Knight v. Brooks
881 So. 2d 294 (Court of Appeals of Mississippi, 2004)
Harrison v. BF Goodrich Co.
881 So. 2d 288 (Court of Appeals of Mississippi, 2004)
Owens v. State
869 So. 2d 1047 (Court of Appeals of Mississippi, 2004)
Hampton v. State
860 So. 2d 827 (Court of Appeals of Mississippi, 2003)
Brown v. North Jackson Nissan, Inc.
856 So. 2d 692 (Court of Appeals of Mississippi, 2003)
Haggerty v. Foster
838 So. 2d 948 (Mississippi Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
819 So. 2d 548, 2002 WL 454021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-glimm-missctapp-2002.