91 So. 3d 646
Miss. Ct. App.2012Background
- Johnson sued for battery; Cumberland countered for alienation of affection; jury awarded Cumberland on alienation of affection $10,000 and defendant on battery; trial court recalled jury after discharge; first-day transcript was missing; medical expenses summary sought and excluded; remittitur/new-trial motions addressed; appellate reversal sought on alienation claim; majority reverses only as to alienation claim and remands for new trial, battery affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was recalling the jury after discharge reversible error? | Johnson | Cumberland | Yes, reversible error. |
| Was the record for the first day properly prepared? | Johnson | Cumberland | No, dismissal due to Rule 10(c) noncompliance. |
| Whether the medical expense summary was admissible | Johnson | Cumberland | No error in exclusion. |
| Whether remittitur, new trial, or directed verdict was properly addressed | Johnson | Cumberland | Remittitur/new trial denied for alienation claim; remand ordered. |
| Should the weight of the evidence support the verdict on alienation of affection? | Johnson | Cumberland | Weighs toward not overturning the verdict; remand governs. |
Key Cases Cited
- Adams v. Green, 474 So.2d 577 (Miss.1985) (mistrial/remand considerations for partial verdicts)
- Saucier v. Walker, 203 So.2d 299 (Miss.1967) (proper form and reform of verdicts; duty on trial court to use proper form)
- Universal C.I.T. Credit Corp. v. Turner, 56 So.2d 800 (Miss.1952) (duty to avoid loss of time and expense due to improper verdict form)
- Barber v. Barber, 608 So.2d 1338 (Miss.1992) (untimely statement of evidence rejection rule)
- Jordan v. McKenna, 573 So.2d 1371 (Miss.1990) (collateral estoppel considerations in civil actions)