Hubbard v. Delta Sanitation of Mississippi
2011 Miss. App. LEXIS 240
| Miss. Ct. App. | 2011Background
- Hubbard sued Delta Sanitation in Harrison County Circuit Court for injuries from a December 1, 2006 rear-end collision.
- Jury awarded Hubbard $8,000; circuit court awarded Delta $7,012.03 in costs under Rule 68 because verdict was not more favorable than Delta’s pre-trial offer of judgment of $30,000.
- Delta offered judgment more than 15 days before trial; Hubbard refused.
- Dr. Graham treated Hubbard; Dr. Bowen testified for Delta contending the injury pre-existed and was not caused by the accident.
- Hubbard sought additur under Miss. Code Ann. § 11-1-55 arguing the verdict was inadequate.
- Court held three issues: additur, MS evidence ruling, and Rule 68 costs; affirmed on additur and MS evidence issues, reversed on costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether additur is warranted due to overwhelming weight of evidence | Hubbard argues jury undervalued damages given medical and economic losses | Delta asserts jury verdict supported by conflicting expert testimony | Additur denied; verdict not against weight of evidence |
| Whether pretrial ruling excluding MS evidence violated Hubbard’s right to a fair trial | MS evidence and symptoms were relevant to medical causation | Court’s MS ruling preserved trial flow and cross-examination integrity | No reversible error; issue procedurally barred on appeal |
| Whether Rule 68 costs were improper and extend beyond statutory costs | Costs items beyond court costs were improperly taxed | Rule 68 permitted broader cost shifting and allowed expert fees | Costs entailed by Rule 68 are limited to statutory costs; reversed and remanded for proper costs under Mississippi law |
Key Cases Cited
- Herring v. Poirrier, 797 So.2d 797 (Miss. 2000) (medical bills must be causally connected to accident; not conclusive floor)
- Shannon v. Shannon, 834 So.2d 39 (Miss. 2003) (costs under Rule 68 tied to Rule 54(d); enforceable as costs only if defined by statute)
- Harbit v. Harbit, 3 So.3d 156 (Miss. Ct. App. 2009) (attorney’s fees not automatically taxable as costs under Rule 68)
- Marek v. Chesny, 473 U.S. 1 (U.S. 1985) (costs under Rule 68 linked to costs under Rule 54; settlement incentive framework)
- Delta Air Lines v. August, 450 U.S. 346 (U.S. 1981) (rule 68 cost-shifting under settlement offers; costs generally align with 54(d))