Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

IONIA JAMES v. ALICE JACKSON

NOVEMBER 04, 1987

IONIA JAMES
v.
ALICE JACKSON



BEFORE ROY NOBLE LEE, C.J., PRATHER AND SULLIVAN, JJ.

PRATHER, JUSTICE, FOR THE COURT:

The appropriateness of an additur in this automobile negligence action for personal injuries is in question in this appeal. Alice Jackson, who was injured in an intersection collision in Jackson, sued Ionia James, the defendant, in the First Judicial District of Hinds County.

At the time of the trial, the defendant admitted liability, and the jury was instructed to return a verdict for the plaintiff. From a jury verdict of $1,000.00, the circuit court ordered the defendant elect an additur of $2,000.00 or a new trial. From this order, the defendant, Ionia James, appeals and assigns as error:

 (1) THE CIRCUIT COURT ERRED IN ORDERING THAT A NEW TRIAL BE GRANTED UNLESS THE DEFENDANT ACCEPTED AN ADDITUR OF $2,000.

 The plaintiff, Alice Jackson has cross-appealed, feeling aggrieved as to the amount of the damages awarded by the jury and added by the circuit court. She assigns as error that:

 (1) THE CIRCUIT COURT ERRED BY ALLOWING AN ADDITUR OF

 ONLY $2,000 WHEN THE INCURRED SPECIAL DAMAGES EXCEEDED $4,400.

 FACTS

 This action derived from a car accident on May 19, 1984 in which Alice Jackson suffered personal injuries. Ionia James, the defendant, was traveling approximately 35 miles per hour in a residential area within a 30 mile per hour speed zone. James ran a red traffic light at the intersection of Northwest Street and Mayes Street in Jackson, Mississippi and collided with Mrs. Jackson.

 At trial, Mrs. James admitted liability, and a peremptory instruction was given by the court instructing the jury to return a verdict for the plaintiff. The jury returned a verdict in the amount of $1,000.

 Thereafter, Mrs. Jackson made a motion for a new trial unless the defendant accept an additur, which motion was granted by the trial court, ordering an additur of $2,000. Mrs. James declined to accept the additur and elected to appeal from the order granting a new trial as authorized by Miss. Code Ann. 11-7-213 (1972).

 Thereto Mrs. Jackson has cross-appealed. She claims that her special damages incurred in the past exceeded $4,400 and that the award of a total of $3,000 is not reasonable.

 I.

 DID THE CIRCUIT COURT ERR IN ORDERING A NEW TRIAL UNLESS THE DEFENDANT ACCEPTED AN ADDITUR OF $2,000?

 In arguing the error of the trial court, Mrs. James points to the Miss. Code Ann. 11-1-55 (Supp. 1985). Section 11-1-55 provides:

 . . .[A] court of record in a case in which money damages were awarded may overrule a motion for new trial . . . upon condition of additur . . . if the court finds that the damages are . . . inadequate for the reason that the jury . . . was influenced by bias, prejudice, or passion, or that the damages ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.