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Crowell v. Burchfield

Court of Appeals of Mississippi

October 8, 2013

CARON D. CROWELL, APPELLANT
v.
HARVEY BURCHFIELD, APPELLEE

Page 1053

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 03/06/2012. TRIAL JUDGE: HON. CHARLES E. WEBSTER. TRIAL COURT DISPOSITION: ENTERED JUDGMENT IN FAVOR OF APPELLANT FOR $87.90.

FOR APPELLANT: T. JACKSON LYONS.

FOR APPELLEE: DAVID S. ROUNSAVALL.

BEFORE LEE, C.J., BARNES AND ISHEE, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART AND IN THE RESULT.

OPINION

Page 1054

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

LEE, C.J.:

PROCEDURAL HISTORY

[¶1] This case concerns a car accident between Caron D. Crowell and Harvey Burchfield. A jury in the Bolivar County Circuit Court determined Crowell was 90% at fault and Burchfield was 10% at fault. The jury assessed total damages of $879. Crowell was awarded $87.90, plus 10% of all court costs and post-judgment interest of 8% per annum.

[¶2] Crowell filed a motion for an additur or a new trial on damages. The motion was denied. Crowell now appeals, asserting the trial court erred by (1) failing to grant her motion for an additur or new trial on damages; (2) failing to grant her a directed verdict; and (3) submitting the issue of her comparative negligence to the jury.

FACTS

[¶3] In September 2004, Crowell and Burchfield were involved in a car accident in the center turn lane on Highway 61 in Cleveland, Mississippi. Crowell testified she pulled out of a gas station, crossed the southbound lane, and stopped in the turn lane facing north. Crowell stated she saw Burchfield speeding out of the parking lot across the highway and estimated he was driving between thirty to fifty miles per hour when he ran into her.

[¶4] Burchfield testified he pulled onto the highway, crossed the northbound lane, and entered the center turn lane facing south. Burchfield stated the center turn lane was clear when he pulled onto the highway. As he glanced over his shoulder to determine whether he could merge onto the southbound lane, Burchfield heard a noise and realized his car had run into Crowell's ...


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