Loyacono v. Travelers Insurance Co., 163 So. 3d 932

Accident July 25, 2005; Loyacono sued Shelby (uninsured) and Travelers for UM benefits.
Jury found damages were zero; liability was stipulated at trial.
Court of Appeals reversed on damages due to trial judge admitting irrelevant evidence of Loyacono’s husband’s income.
Trial relied on medical testimony that Loyacono suffered a muscle strain from the accident.
Defense experts attributed injuries to preexisting conditions; plaintiff alleged ongoing pain and earnings loss.
Court grants certiorari, remands for new damages trial; liability remains uncontested.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the verdict on damages conflicted with weight of the evidence	Loyacono had uncontradicted injury testimony	Jury could doubt injury despite expert testimony	No, verdict not against weight of evidence
Whether the income of Loyacono's husband was improperly admitted	Income evidence prejudicial, not probative	Evidence relevant to earning capacity/doors opened	Reversed for reversible error; remand for new damages trial

Herring v. Poirrier, 797 So.2d 797 (Miss. 2000) (jury may find no injury despite directed verdict on fault)
Lucedale Veneer Co. v. Rogers, 211 Miss. 613, 53 So.2d 69 (Miss. 1951) (uncontradicted testimony should be taken as true)
Eaton v. Gilliland, 537 So.2d 405 (Miss. 1989) (method for determining damages and earnings)
Robinson Prop. Group, L.P. v. Mitchell, 1 So.3d 240 (Miss. 2009) (collateral-source and damages considerations)
Downs v. Ackerman, 115 So.3d 785 (Miss. 2013) (evidence and weight of the verdict considerations)
Thompson v. Dung Thi Hoang Nguyen, 86 So.3d 232 (Miss. 2012) (expert testimony and jury weighing of evidence)