80 So. 3d 125
Miss. Ct. App.2011Background
- Brent sued Wansley for personal injuries from a rear-end style collision at the Save-A-Lot entrance on Hanging Moss Rd, Jackson, MS; the jury awarded Brent $55,000 in her favor.
- Wiggins drove an 18-wheeler and testified his truck blocked both southbound lanes while he waited to turn into the Save-A-Lot lot; Brent allegedly passed his truck using the center turn lane.
- Wansley pulled out from the Save-A-Lot parking lot into southbound traffic, colliding with Brent who was in the southbound lanes.
- Brent testified she did not know whether Wiggins’s truck was straddling lanes, and she claimed she did not enter the center turn lane.
- The trial court instructed the jury on negligence but refused Wansley’s D-17 comparative-negligence instruction; Brent withdrew objection to D-18, which Brent contends inadequately reflected law.
- The court reversed and remanded for a new trial, finding reversible error in the lack of a proper comparative-negligence instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the failure to give a comparative-negligence instruction was reversible error | Wansley | Wansley | Yes; error remanding for new trial |
| Whether there was an evidentiary basis for comparative fault given the evidence | Brent’s fault not proven | Wansley could be partly liable | Yes; trial court erred in not presenting comparative fault to the jury |
Key Cases Cited
- Burton ex rel. Bradford v. Barnett, 615 So.2d 580 (Miss. 1993) (Mississippi pure comparative negligence; damages reduced by fault percentage)
- Stribling v. Hauerkamp, 771 So.2d 415 (Miss. Ct. App. 2000) (directed verdict principles; not dispositive of contributory fault in private drive scenario)
- Rotwein v. Holman, 529 So.2d 173 (Miss. 1988) (rear-end liability context; no automatic liability instruction without evidentiary basis)