Rhoda v. Weathers
2011 Miss. App. LEXIS 471
| Miss. Ct. App. | 2011Background
- Two-vehicle collision in Southaven, MS; Rhoda sues Weathers for negligence; jury verdict for Weathers; circuit court affirms; Mississippi Supreme Court assigns for review; Rule 37(c) sanctions issue at trial level.
- Intersection involves W.E. Ross Parkway stop sign and Church Road; Rhoda traveled west on Church Road; post-collision disputes over fault and driving conduct.
- Eyewitness Melissa Stanford corroborates Weathers’ account that Rhoda was outside the intersection; Rhoda claims Weathers failed to yield; evidence at issue includes police accident report and expert testimony.
- Accident report by Officer Keller was excluded; Rhoda sought admission under Rule 803(6)/(8); court held reliability and trustworthiness of report insufficient.
- Court reverses in part: affirms trial court on most issues; reverses and remands on sanctions for failure to admit medical records; procedural issues regarding additional asserted errors deemed waived or unsupported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of police accident report | Rhoda: report admissible as 803(6)/(8) evidence | Weathers: report unreliable and lacks trustworthiness | Report excluded; no abuse of discretion |
| Officer Keller as accident reconstructionist | Keller qualified as expert need for reconstruction | Keller did not perform reconstruction; no genuine issue | Issue without merit; waived; no expert testimony admitted |
| Comparative fault instruction | Rhoda not negligent; no basis for fault | Evidence showed puddle and control issues; supports instruction | Instruction proper; evidence supports comparative fault |
| Sanctions for non-admission of medical records (Rule 37c) | Weathers failed to admit genuineness of records; sanctions proper | No ground or substantial importance for failure to admit | Court abused discretion; remand for sanctions amount determination |
Key Cases Cited
- Rebelwood Apartments, LP v. English, 48 So.3d 483 (Miss. 2010) (trustworthiness factors for police reports; broad Rule 803(8))
- Beech Aircraft Corp. v. Rainey, 488 U.S. 153 (U.S. 1988) (Be reflective of trustworthiness in hearsay exceptions)
- Mingo v. State, 944 So.2d 18 (Miss. 2006) (abuse-of-discretion standard for evidentiary rulings)
- Randolph v. State, 852 So.2d 547 (Miss. 2002) (appellate duty to articulate and support arguments)
- Shavers v. Shavers, 982 So.2d 397 (Miss. 2008) (Rule 28 briefing standards and waiver)
- Cobb v. Cobb, 29 So.3d 145 (Miss. 2010) (presumption of correctness; burden on appellant)