Decisions- Miss.Ct. of App. – Feb. 24, 2015

Central Inds. v. Geraldine McFarlane –  motion for new trial – In 2006,  McFarlane was struck from behind by a truck driven by Jimmy McCrory and owned by Roger Guy. The truck was pulling an empty trailer owned by Central Injuries.  A trial was held.  A directed verdict was entered in favor of Central.  The jury awarded $100,000 against Guy and McCrory.  McFarlane moved for an additur or a new trial arguing that her meds were $37,000.  The court granted her a new trial.,  This time Central was not given a directed verdict and the jury awarded McFarlane $250,000,  Central, Guy, and McCrory appealed. The COA reverses the grant of a new trial  and reinstates the original verdict.  ” We find that the jury award of $100,000 is fair and ‘is not so low as to shock the conscience.’”

Diana Sawvel v. Gulfside Casino –  premises liability – Sawvell was attacked and robbed by an unknown assailant in the parking lot of the Island View Casino and Resort in 2007.  She sued the casino for failing to provide reasonable security measures.  The casino moved for summary judgment on the grounds that when Sawvel was deposed she “admitted that at the time of her assault, there was no atmosphere of violence on Gulfside’s premises, Gulfside could not have been aware of the violent nature of the individual who assaulted Sawvell, and Gulfside would not reasonably have foreseen the incident occurring on its premises. Sawvel’s response was that she was owed a special duty because the casino had large signs in the parking lots advising that they were being watched through a  closed-circuit-monitoring system. The court granted summary judgment for the casino. Sawvel appealed.  The COA affirms finding that the casino did not have a special duty to Sawvel.

pro se PCR appeals affirmed

Parham v. State 

Jenkins v. State

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