Before McMILLIN, P.j., Diaz, And Payne, JJ.
The opinion of the court was delivered by: Payne, J.,
DATE OF JUDGMENT: 01/27/97 TRIAL JUDGE: HON. LAMAR PICKARD COURT FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: JUDGMENT FOR APPELLANTS, JOINTLY, AS TO ALL CLAIMS IN THE AMOUNT OF $7,500
DISPOSITION: REVERSED AND REMANDED - 02/23/1999
PROCEDURAL POSTURE AND ISSUES PRESENTED
¶1. This case is before the Court on appeal from a judgment entered following a jury trial in favor of Robert and Sara Byars, by the Circuit Court of Claiborne County, the Honorable Lamar Pickard, presiding. Following the trial, the circuit Judge overruled the Byars's motion for a JNOV. Feeling aggrieved, Robert and Sara timely filed this appeal raising the following three issues:
I. WHETHER THE APPARENT OMISSION OF DAMAGES AWARDED TO ONE OF THE PLAINTIFFS WARRANTS REVERSAL AND THE GRANTING OF A NEW TRIAL
II. WHETHER THE VERDICT OF THE JURY WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE
III. WHETHER THE TRIAL COURT ERRED IN FAILING TO GRANT A NEW TRIAL ON THE ISSUE OF DAMAGES
¶2. After reviewing the record and applicable precedents, we reverse and remand as to Issue I
as set forth below. Accordingly, we do not reach Issue II or Issue III.
¶3. Robert Byars sought damages for personal injuries received in an automobile accident involving a truck owned by Moore Planting Co., Inc. In the same action, as is common practice, Sara Byars sought damages for loss of consortium due to her husband's injuries. During the course of the trial, Moore Planting raised the issue of Robert's own negligence in operating his vehicle and asked the trial court to instruct the jury on the principles of comparative ...