Renfroe v. Berryhill

910 So. 2d 624, 2005 WL 468392
CourtCourt of Appeals of Mississippi
DecidedMarch 1, 2005
Docket2003-CA-01453-COA
StatusPublished
Cited by6 cases

This text of 910 So. 2d 624 (Renfroe v. Berryhill) 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
Renfroe v. Berryhill, 910 So. 2d 624, 2005 WL 468392 (Mich. Ct. App. 2005).

Opinion

910 So.2d 624 (2005)

Dillon RENFROE, Appellant
v.
Brad BERRYHILL d/b/a J & B Mill Store, Appellee.

No. 2003-CA-01453-COA.

Court of Appeals of Mississippi.

March 1, 2005.

*625 Yancy B. Burns, Jackson, attorney for appellant.

*626 Andy Lowry, Oxford, Bradley E. Dean, John E. Gough, Jr., Robert L. Goza, Ridgeland, attorneys for appellee.

Before LEE, P.J., MYERS and CHANDLER, JJ.

MYERS, J., for the Court.

¶ 1. On April 17, 2002, Dillon Renfroe filed his complaint against Brad Berryhill d/b/a J & B Mill Store, alleging that Berryhill had negligently caused Renfroe to suffer serious injuries to his ankle. Renfroe filed motions in limine and for partial summary judgment, both dealing with the issue of Renfroe's employment status. These motions were denied, and the case proceeded to trial. The jury returned a verdict in favor of Renfroe and awarded him $20,000; however, the jury also found Renfroe to be five percent contributorily negligent, thereby reducing the total award by $1,000. Renfroe filed a post-trial motion for new trial on the issue of damages or in the alternative for an additur, but these motions were denied.

¶ 2. Aggrieved by the trial court's judgment, Renfroe now appeals, raising the following three issues:

I. DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY THAT CONTRIBUTORY NEGLIGENCE COULD NOT BE ASSIGNED IF RENFROE WAS FOUND TO BE AN EMPLOYEE?
II. DID THE TRIAL COURT ERR IN ALLOWING EVIDENCE OF THE PARTIES' PAST FRIENDSHIP AND FAMILY RELATIONSHIP?
III. DID THE TRIAL COURT ERR IN REFUSING TO ORDER AN ADDITUR?

¶ 3. Finding error in the circuit court's treatment of the employment issue, we reverse and render as to that issue only. Finding no other reversible error, we affirm the judgment of the circuit court in all other respects.

FACTS

¶ 4. On January 9, 2003, Renfroe, an employee or former employee of the J & B Mill Store, and Berryhill, owner/manager of the J & B Mill Store, were engaging in "horseplay" outside of the store. The horseplay consisted of a friendly wrestling or tussling bout. Unfortunately, after attempting some kind of tripping maneuver, Berryhill fell on top of Renfroe, and Renfroe's ankle was broken rather severely. Nothing in the record indicates that the injury resulted from anything other than the horseplay; that is, Renfroe does not allege that Berryhill somehow injured him on purpose, and both parties testified that they were just playing around ("tussling" or "wrestling"), as they had done on prior occasions.

¶ 5. Berryhill's wife is Renfroe's cousin, and Renfroe and Berryhill had been friends for some time previous to this action. The record shows that Renfroe incurred roughly $15,000 in medical bills.

LEGAL ANALYSIS

I. DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY THAT CONTRIBUTORY NEGLIGENCE COULD NOT BE ASSIGNED IF RENFROE WAS FOUND TO BE AN EMPLOYEE?

¶ 6. In his brief, Renfroe raises two issues on the question of his employment status; however, we have recast those two issues into this one single issue, as the substance of the two separate issues stated by Renfroe is the same.

¶ 7. Renfroe argues that if the jury found him to be an employee of Berryhill, then contributory negligence could not be assigned, pursuant to Mississippi Code Annotated *627 § 71-3-9 (Rev.2000). Because of this, Renfroe argues that the trial court erred in not instructing the jury on how to handle the question of contributory negligence if they found Renfroe to be an employee of Berryhill.

¶ 8. Berryhill argues that the issue of employment status was not raised in the initial pleadings and was not tried by express or implied consent. Because of this, so Berryhill argues, the issue of employment status was not properly before the jury, and contributory negligence should have been assigned. In the alternative, Berryhill argues that this Court should reverse and render if we find error in the trial court's handling of the employment status issue and that no new trial is warranted, because the only thing that the employment status issue could possibly affect is the finding of contributory negligence.

STANDARD OF REVIEW

¶ 9. Our general task in reviewing challenges to jury instructions calls us to view the instructions as a whole in order to determine whether the jury was adequately instructed as to the law applicable to the case. Adkins v. Sanders, 871 So.2d 732, 736 (¶ 9) (Miss.2004); Teasley v. Buford, 876 So.2d 1070, 1078 (¶ 19) (Miss.Ct.App. 2004). More specifically in this regard we have held:

This Court does not review jury instructions in isolation. Jackson v. Daley, 739 So.2d 1031, 1037 (Miss.1999). Rather, we read the instructions as a whole. Entergy Miss., Inc. v. Bolden, 854 So.2d 1051, 1054 (Miss.2003). We will not find reversible error "where the instructions actually given, when read together as a whole, `fairly announce the law of the case and create no injustice.'" Id. (quoting Coleman v. State, 697 So.2d 777, 782 (Miss.1997)). If the instructions granted "adequately instruct the jury, a party may not complain of the refused instruction." Turner v. Temple, 602 So.2d 817, 823 (Miss.1992) (citing Purina Mills, Inc. v. Moak, 575 So.2d 993, 996 (Miss. 1990); Payne v. Rain Forest Nurseries, Inc., 540 So.2d 35, 40 (Miss.1989)). Furthermore, the trial court need not charge the jury with an "instruction that `incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.'" Bolden, 854 So.2d at 1054.

Adkins, 871 So.2d at 736 (¶ 9).

DISCUSSION

¶ 10. Before looking to the instructions given, we should note a ruling that occurred earlier in the case. In denying Renfroe's motion for partial summary judgment, the court concluded that the question of Renfroe's employment status was a fact issue that should be decided by the jury. Yet, later, when the employment issue came up in the court's consideration of proposed jury instructions, the trial judge refused, for fear of confusing the jury, to give any instruction specifically on the issue of employment status and its relationship to the issue of contributory negligence. Thus, after earlier concluding that the jury should decide the issue of employment status, the court in the end refused to allow the jury to decide the issue. These two rulings are clearly inconsistent.

¶ 11. Also, curiously, the court gave an instruction to the effect that employers with five or more employees are required to maintain workers' compensation coverage. But this instruction was not accompanied by any other instructions explaining the relevance of the presence or absence of workers' compensation coverage or the task of the jury in deciding the issue of employment status.

*628 ¶ 12. Our review of the record demonstrates that the other instructions fairly informed the jury of standard matters such as what preponderance of the evidence means and what elements are required to be proved to establish negligence. Yet, in the midst of these standard, and generally unobjectionable instructions, there appears the seemingly random instruction, noted above, about when an employer is required to maintain workers' compensation coverage. In context, this workers' compensation instruction appears to be unrelated to any of the other instructions, and because of this, seems somewhat random or incomplete.

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Bluebook (online)
910 So. 2d 624, 2005 WL 468392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renfroe-v-berryhill-missctapp-2005.