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Harper v. Edwards

Court of Appeals of Mississippi

November 18, 2014

CHRISTY A. HARPER, APPELLANT
v.
NORMAN EDWARDS, APPELLEE

DATE OF JUDGMENT: 05/17/2013.

COURT FROM WHICH APPEALED: PANOLA COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JAMES MCCLURE III. TRIAL COURT DISPOSITION: $25,000 JURY VERDICT IN FAVOR OF APPELLEE.

FOR APPELLANT: HAL SCOT SPRAGINS JR., DAWN DAVIS CARSON, RUSSELL BARTON JORDAN.

FOR APPELLEE: THOMAS ALAN WOMBLE.

BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND JAMES, JJ., CONCUR.

OPINION

Page 1031

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

FAIR, J.

¶1. Norman Edwards was driving on a two-lane county road when he rounded a

Page 1032

curve and encountered Christy Harper's vehicle parked on the wrong side of the road at her mailbox. Edwards was unable to avoid a collision because, at that moment, another vehicle was approaching in the correct lane. He brought suit against Harper to recover for injuries and property damage suffered in the accident. The jury found that Edwards had suffered $25,000 in damages, for which Harper was ninety-five percent at fault. Harper appeals, and we affirm.

DISCUSSION

1. Opening Prayer

¶2. Harper's first issue on appeal centers around the prayer prior to opening court for the day, or, more precisely, who gave it. At 8 a.m. the morning of the trial, the circuit clerk learned that the minister who had originally been scheduled to lead the prayer would not be able to attend. " Out of desperation," the clerk asked Rubert Morgan, a local minister, to substitute. He had given the opening prayer in the past. Immediately after the prayer, Edwards's attorney introduced Morgan to Harper's attorney and informed her that ...


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