Thompson v. Dung Thi Hoang Nguyen
2012 Miss. LEXIS 195
| Miss. | 2012Background
- March 2002 rear-end-style collision where Nguyen admitted liability but disputed causation of Thompson's damages
- No vehicle damage; Thompson initially reported no injury but later claimed neck pain and other symptoms
- Thompson had preexisting degenerative-disc disease; MRI showed preexisting issues; Thompson later underwent cervical surgery in 2005
- Thompson sought $234,316.49; the jury awarded $9,131 (the exact medical-bill amount)
- The Court of Appeals reversed and remanded for trial on damages; trial court denied additur/new trial and Thompson's causation-based motions were denied
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Directed verdict on causation proper | Thompson had uncontradicted expert causation | Causation disputed; expert, speed, and circumstances unknown | No error; denial affirmed |
| Additur/new trial on damages proper | Award was inadequate; bias or confusion alleged | No abuse of discretion; jury not confused | No abuse of discretion; additur/new trial denied |
| Jury instructions and special verdict form proper | Proposed instructions should have been given for damages | Instructions as given properly conveyed law; liability admitted | Jury instructions and denial of special verdict form affirmed |
Key Cases Cited
- Solanki v. Ervin, 21 So.3d 552 (Miss.2009) (preference for evaluating damages; expert testimony advisory)
- Dunn v. Jack Walker’s Audio Visual Ctr., 544 So.2d 829 (Miss.1989) (trial court broad discretion on additur)
- Dooley v. Byrd, 64 So.3d 951 (Miss.2011) (directed verdict standard and sufficiency of evidence)
- Poynter v. Trotter, 168 So.2d 635 (Miss.1964) (juror instruction evaluation standards)
- Flight Line, Inc. v. Tanksley, 608 So.2d 1149 (Miss.1992) (evidence-based approach to damages and causation)