Townsend v. Skelton

911 So. 2d 639, 2005 Miss. App. LEXIS 655, 2005 WL 2277334
CourtCourt of Appeals of Mississippi
DecidedSeptember 20, 2005
DocketNo. 2004-CA-00965-COA
StatusPublished

This text of 911 So. 2d 639 (Townsend v. Skelton) 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
Townsend v. Skelton, 911 So. 2d 639, 2005 Miss. App. LEXIS 655, 2005 WL 2277334 (Mich. Ct. App. 2005).

Opinion

BARNES, J.,

for the Court.

¶ 1. Buster and Dana Townsend filed suit for personal injuries sustained by Buster Townsend when a van he was driving was struck by a trailer that had disengaged from a truck that was being driven by Stanley Skelton who, at the time, was acting within the course and scope of his employment with Thomas Paving, Inc. Following a trial on the merits, a Marshall County Circuit Court jury found in favor of Skelton and Thomas Paving, Inc. The Townsends then filed a motion for judgment notwithstanding the verdict or, in the alternative, a new trial. The motion was denied, and this appeal followed. The Townsends allege error on the part of the circuit court in denying their motion. Finding no reversible error, we affirm.

FACTS

¶ 2. Stanley Skelton testified at trial that on the morning of September 26, 2000, he hooked a trailer to his pickup truck in the same manner that he had done on previous occasions and left his employer’s place of business in Holly Springs, Mississippi bound for Memphis, Tennessee. His job assignment that day called for him to travel to Memphis to retrieve a load of steel tubing and deliver it to his employer’s shop in Holly Springs. On his return trip, while traveling east on 1-240, another driver “whipped” in front of his vehicle, and Skelton applied his brakes to avoid a collision. When he put his foot back on the accelerator he felt the trailer break loose from the rear of his truck. The trailer crossed the median of 1-240 and struck Buster Townsend’s west-bound van.

¶ 3. Mr. Townsend testified that as he was driving west on 1-240 on the morning of September 26, he looked to his left and saw the trailer headed directly toward him. Upon impact, his van flipped and landed on its roof in the median of the highway. Mr. Townsend was rendered unconscious following the collision and sustained severe injuries.

¶ 4. The jury returned a verdict in favor of Skelton and his employer, Thomas Paving, Inc., and the Townsends filed a motion for judgment notwithstanding the verdict or, in the alternative, a new trial. The motion was denied. The Townsends argue that the denial of their motion constitutes reversible error.

ANALYSIS

1. Motion for judgment notwithstanding the verdict

¶ 5. The Townsends argue that the evidence at trial did not support the verdict reached by the jury, but that, to the contrary, the evidence clearly indicated that Skelton did something while driving that caused the trailer to break free. They say that common sense dictates that trailers do not just break free of trucks in the absence of some form of negligence, either in “hooking the trailer to the truck, or in driving the truck.” The Townsends further argue that there was no evidence presented at trial supporting a verdict of no liability; therefore, in failing to find Skelton and Thomas Paving liable for Mr. Townsend’s injuries, the jury ignored the evidence before it. For these reasons, they conclude, the motion for judgment notwithstanding the verdict should have been granted.

¶ 6. This Court’s standard of review on motions for judgment notwithstanding the verdict requires that the evidence be considered in the light most favorable to the appellee, giving that party the benefit of all favorable inferences that may reasonably be drawn from the evidence. Buskirk v. Elliott, 856 So.2d 255, 266(¶ 29) (Miss.2003). When so considered, if the facts point so overwhelmingly in favor of [641]*641the appellant that reasonable men could not have arrived at a contrary verdict, this Court is required to reverse and render. Id. If, however, there is evidence of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might have reached different conclusions, affirmance is required, provided that the trial judge applied the correct law. Id.

¶ 7. The jury was given the following instruction on res ipsa loquitur:

INSTRUCTION NO. P-12B
The Court instructs the jury that under certain circumstances an accident speaks for itself and the jury is permitted to infer the existence of negligence. In such cases, the plaintiffs need not allege or prove the particular act of negligence itself which caused the injury but the burden is on the Defendants to show an absence of negligence.
The conditions which must occur before the jury may infer negligence has arisen are as follows:
1. The event must be one that would not normally occur absent someone’s negligence;
2. The event must be caused by an agent or instrumentality within the Defendant’s exclusive control; and
3. The Plaintiffs must not have voluntarily contributed to the event.
When these conditions are met, the jury may infer negligence but is not compelled to do so.
Accordingly, if you find from a preponderance of the evidence that the above factors are present then you may infer negligence in this case. If you further find that the Defendant has not met its burden to show an absence of negligence and that the negligence proximately caused injury to the Plaintiffs, then you may find for the Plaintiffs.

(Emphasis added).

¶ 8. We find that the jury instruction was correct as to its recitation of the elements of res ipsa loquitur. See Powell v. Methodist Health Care-Jackson Hospitals, 876 So.2d 347, 349(¶ 7) (Miss.2004). However, the instruction wrongly stated that the burden was on the defendants to show an absence of negligence. See Read v. Southern Pine Elec. Power Assn., 515 So.2d 916, 920 (Miss.1987). We assume that because this misstatement benefitted the Townsends, the issue was not raised on appeal. We address this issue in more detail below.

¶ 9. The only evidence at trial regarding Skelton’s hitching of the trailer to the truck and his driving at the time of the accident came from the testimony of Skel-ton. He testified that he connected the trailer to the truck using a two-inch ball, as required by the type of trailer involved, and a hitch secured by two safety chains. In response to questioning by his counsel as to the procedures he followed to secure the hitch to the ball, Skelton explained:

A: You know, this particular hitch, you just — when it comes down on the ball, it has [a] plate that comes over and latches it, and then you have — I just always just, you know, check up and down good, pick it up, make sure it’s locked and then check the safety chains.
Q: Where do the chains run from on the trailer?
A: They run from behind the hitch and actually bolted on there, and they come down each side and bolt, and it’s got hooks, a)on them, and you hook them to the outside of the bumper.
[642]*642Q: And do you recall specifically going through that process on that day of this accident?
A: Yes, sir.
Q: How many — how many safety chains were there?
A: Two.
Q: And do you recall the condition of the safety chains?
A: They looked fine to me. Wasn’t no cuts on them.

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Related

Powell v. METHODIST HEALTH CARE
876 So. 2d 347 (Mississippi Supreme Court, 2004)
Whitten v. Cox
799 So. 2d 1 (Mississippi Supreme Court, 2000)
Sheffield v. State
749 So. 2d 123 (Mississippi Supreme Court, 1999)
Buskirk v. Elliott
856 So. 2d 255 (Mississippi Supreme Court, 2003)
Read v. Southern Pine Elec. Power Ass'n
515 So. 2d 916 (Mississippi Supreme Court, 1987)

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Bluebook (online)
911 So. 2d 639, 2005 Miss. App. LEXIS 655, 2005 WL 2277334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/townsend-v-skelton-missctapp-2005.