Lampkin Construction Co., Inc. v. Sand Specialties & Aggregates, LLC, 179 So. 3d 1095

In January 2012 Sand Specialties agreed to sell eleven pieces of sand/gravel‑mining equipment to Lampkin Construction and CSWS for $350,000: $100,000 paid at delivery of the Eagle Sand Classifier, $250,000 due within 30 days of full delivery.
Contract expressly stated title would remain with Seller until the $250,000 second payment was received; failure to pay required return of equipment and forfeiture of the $100,000 down payment.
Buyers received the remaining equipment in late January 2012 but did not pay the $250,000; Sand Specialties sued for replevin and damages and Lampkin counterclaimed for return of the $100,000.
After pretrial proceedings, the trial court directed a verdict for Sand Specialties on ownership/possession, ruling title remained with Seller; the court informed the jury of that ruling at the parties’ request with a limiting instruction that it did not decide breach or damages.
The jury awarded Sand Specialties $92,000 in damages; Lampkin moved for JNOV/new trial and appealed, challenging (1) directed verdict, (2) jury consideration of damages after directed verdict, (3) the court’s announcement to the jury, and (4) admission of owner’s valuation testimony.

Issue	Plaintiff's Argument (Sand Specialties)	Defendant's Argument (Lampkin)	Held
I. Directed verdict on ownership	Contract unambiguously reserved title to Seller until full payment; directed verdict correct	Court wrongly granted ownership to Seller, inconsistent with earlier interlocutory rulings	Affirmed — contract language left no reasonable juror doubt that title remained with Seller until payment
II. Allowing jury to consider damages after directed verdict	Lampkin waived objection and requested the jury be informed; jury could still decide damages	Duplicate relief: court ordered return but jury then awarded damages for missing pieces	Affirmed — no error; court properly limited jury and issues of breach/damages remained for jury
III. Court’s announcement to jury prejudiced outcome	N/A (court and jury instruction harmless)	Court’s statement intimated judge favored Plaintiff and influenced jury	Affirmed — Lampkin requested and approved the instruction; no evidence jury was swayed; procedural bar to belated objection
IV. Owner’s testimony on value admissible	Owner Robin competent to give lay opinion of his property’s value under Rule 701	Robin was not an expert; owner’s estimates insufficient to support $92,000 award	Affirmed — owner testimony admissible as lay opinion; no abuse of discretion and no contrary evidence presented

Kennedy v. Illinois Central R.R. Co., 30 So. 3d 333 (Miss. 2010) (standard of review for directed verdict)
Robley v. Blue Cross/Blue Shield of Miss., 935 So. 2d 990 (Miss. 2006) (directed verdict review requires viewing facts in favor of nonmovant)
Epperson v. SOUTHBank, 93 So. 3d 10 (Miss. 2012) (unambiguous contract terms are enforced as written)
Royer Homes of Miss., Inc. v. Chandeleur Homes, Inc., 857 So. 2d 748 (Miss. 2003) (contract interpretation principles)
Forbes v. General Motors Corp., 935 So. 2d 869 (Miss. 2006) (affirmance standard for directed verdict)
Hubbard v. Wansley, 954 So. 2d 951 (Miss. 2007) (trial court may revise interlocutory orders prior to final judgment under Rule 54(b))
Franklin v. Franklin ex rel. Phillips, 858 So. 2d 110 (Miss. 2003) (same rule on nonfinal orders)
Utz v. Running & Rolling Trucking, Inc., 32 So. 3d 450 (Miss. 2010) (trial court discretion on jury instructions)
Alpha Gulf Coast, Inc. v. Jackson, 801 So. 2d 709 (Miss. 2001) (plain error doctrine requires both error and harm)
Merchant v. Forest Family Practice Clinic, P.A., 67 So. 3d 747 (Miss. 2011) (presumption that juries follow instructions)
Batiste v. State, 121 So. 3d 808 (Miss. 2013) (same presumption regarding jury compliance)
Community Bank, Ellisville v. Courtney, 884 So. 2d 767 (Miss. 2004) (owners may testify to value of their own property)
Regency Nissan, Inc. v. Jenkins, 678 So. 2d 95 (Miss. 1995) (owner testimony on property value admissible)