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[T] Evans v. Kansas City Southern Railway Co.

July 21, 1998

ROLAND EVANS, APPELLANT
v.
KANSAS CITY SOUTHERN RAILWAY COMPANY (SUCCESSOR TO MID-SOUTH CORPORATION), APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: King, J., For The Court:

Evans v. Kansas City Southern Railway Company, 96-CA-00566-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 12/18/95

TRIAL JUDGE: HON. MARCUS D. GORDON

COURT FROM WHICH APPEALED: NEWTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

TRIAL COURT DISPOSITION: VERDICT FOR DEFENDANT

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Roland Evans, appellant, was involved in a train accident wherein his automobile collided with the eighteenth railcar of a train owned and operated by the Kansas City Southern Railway Company, appellee. Evans sued the appellee for damages sustained in the collision. After a trial in this matter, a jury found for the railway company. Aggrieved, Evans assigns four points of error on appeal:

(1) Whether the jury verdict was against the overwhelming weight of the credible evidence.

(2) Whether the Court erred in allowing the Defendant to enter by way of deposition the testimony of Samantha Williamson.

(3) Whether the Court erred in appointing a foreman of the jury.

(4) Whether the Court erred in granting Defendant's jury ...


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