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.

Stockett v. Classic Manor Builders, Inc.

Court of Appeals of Mississippi

September 12, 2017

FRANK STOCKETT APPELLANT
v.
CLASSIC MANOR BUILDERS, INC. AND ROGER H. MORRIS, JR. APPELLEES

          DATE OF JUDGMENT: 03/30/2016

         RANKIN COUNTY CIRCUIT COURT, HON. JOHN HUEY EMFINGER, TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: KEITH D. OBERT, ROY GREGG ROGERS, WILLIAM F. BROWN

          ATTORNEYS FOR APPELLEES: DAVID L. SANDERS, JOHN BRIAN HYNEMAN

          BEFORE LEE, C.J., ISHEE AND FAIR, JJ.

          ISHEE, J.

         ¶1. In 2011, Frank Stockett was involved in a motor-vehicle accident with Roger Morris in Flowood, Mississippi. At the time of the accident, Morris was driving a company vehicle for Classic Manor Builders Inc. (Classic Manor). Stockett sustained injuries as a result of the accident, prompting litigation. A jury trial was held, wherein Morris and Classic Manor were found to be 100% at fault. The jury awarded Stockett $50, 000. Stockett moved for a new trial or, in the alternative, an additur, which the circuit court denied. Displeased with the amount awarded, Stockett appeals. Finding no error, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         ¶2. On October 11, 2011, Stockett, while traveling in the left-hand lane of Lakeland Drive, began slowing with the traffic ahead of him. Morris, in the course and scope of his employment for Classic Manor, was traveling immediately behind Stockett. Stockett stated that he realized Morris was approaching his vehicle at a pace too rapid to stop in time. Morris stated that, at the time, he was traveling approximately fifteen to twenty miles per hour before attempting to brake heavily and veer left in order to avoid a collision. Morris ultimately struck the rear of Stockett's vehicle.

         ¶3. Stockett claimed the impact caused his seatbelt to restrain his left shoulder and left him dazed; he testified to a burning sensation in his shoulder while at the scene. Soon thereafter he went to the emergency room, where he allegedly complained of pain in his left shoulder, left knee, back, and head.[1] The medical record created from this emergency-room visit, however, reflected only that Stockett "complain[ed] of pain involving the lower portion of [his] back and arms." Stockett was given a prescription and advised to visit his family physician, which he did. His family physician ordered physical therapy and injections, but Stockett's pain persisted. He was then referred to Dr. Scott Jones, an orthopedic surgeon.

         ¶4. Dr. Jones performed a physical examination of Stockett's shoulder and concluded that Stockett had pain over his AC joint, pain with rotation, and a weakened rotator cuff. An MRI taken later revealed that Stockett had a superior labral tear and AC-joint arthrosis. In March 2012, Dr. Jones performed surgery to alleviate Stockett's pain. Stockett began postsurgery physical therapy and returned to work with restrictions on the use of his left shoulder. In July 2012, Dr. Jones concluded Stockett had reached maximum medical improvement with 0% permanent partial impairment (PPI), and released Stockett from his care.

         ¶5. Stockett returned to Dr. Jones in November 2013, some sixteen months later, complaining of pain in his shoulder from overhead use. Dr. Jones administered an injection and prescribed Stockett anti-inflammatory medication with supplemental physical therapy. In January 2014, after Stockett had again returned to Dr. Jones, Dr. Jones revised his assessment of Stockett to 10% PPI, based largely upon what Stockett had to conveyed to him pain-wise. Dr. Jones, however, testified that there was "no structural or anatomical reason" for Stockett's pain, and that Stockett may have been embellishing his pain. Nonetheless, Dr. Jones was convinced to a reasonable degree of medical certainty that the accident caused Stockett's initial shoulder injury.

         ¶6. Morris and Classic Manor's expert, Dr. William McCraney, testified otherwise, stating that in his professional opinion, Stockett's torn labrum was not related to the accident. Dr. McCraney concluded such after review of Stockett's medical records from the emergency-room visit, his family physician, and Dr. Jones. In addition, Dr. McCraney opined the fact that Stockett waited fifteen days after the accident to lodge a formal complaint with this family physician regarding the burning or pain in his shoulder weighed against his finding that the accident caused the injury-this statement contradicted Stockett's testimony that he complained of the shoulder pain at the emergency room. Dr. McCraney further stated that the type of injury Stockett experienced was not common based upon the position Stockett's shoulder would have been in during the accident.

         ¶7. At the conclusion of trial, the jury found Morris and Classic Manor 100% at fault. Stockett proved medical expenses of $41, 882.18, and lost wages of $3, 397.08, totaling $45, 279.26 in actual damages. The jury ultimately awarded Stockett $50, 000. Stockett then moved for a new trial or, in the alternative, an additur, claiming that the verdict was contrary to the overwhelming weight of the evidence, or that ...


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.