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Estate of Hunter1/14/1999
DATE OF JUDGMENT: 8/30/96 TRIAL JUDGE: HON. J. BRAD PIGOTT COURT FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: REVERSED AND REMANDED - 1/14/1999
BEFORE PRATHER, C.J., ROBERTS AND MILLS, JJ.
STATEMENT OF THE FACTS
. On March 8, 1992, a tractor-trailer truck driven by Lowell D. Gann and owned by Rowe Machinery Salvage & Sales, Inc. ran a stop sign and collided with a 1981 Oldsmobile Toronado driven by Joseph Hunter. There were three passengers in the Toronado at the time of the accident: Ida Rogers, Willie Greenwood, and Jessie Ward. Officer William Neeley was one of the first officers on the scene of the accident, and he described the scene as follows:
A: The back part of both seats- the back part of the front seat on both sides was pushed forward. The black male that was in the back seat was lying on top of the passenger in the front seat. The driver's head was laying on the dashboard along with Ida Mae Rogers and the black male from the back seat. I mean there were heads laying on the dashboard. Q: Let me ask you about Ms. Rogers. Was any part of the seat laying up on top of her?
A: Right. The back part of the front seat had been pushed forward from the body- from the two bodies in the back seat of the car.
Q: Where was Mr. Greenwood ?
A: He was on the top of the back part of the seat which was folded down on top of Ida Mae Rogers.
The first witness to the scene, Michael Phillips, testified that the occupants of the Toronado were not wearing seatbelts, and Deputy Neeley also testified to this effect. Jessie Ward maintained, however, that she had in fact been wearing her seatbelts at the time of the accident. . Hunter died from injuries sustained in the accident, and he was survived by a fifteen-year old son, Joseph Jr. In addition to the death of Hunter, Ida Rogers suffered a subluxation of the spine at the C6-7 vertebral area, causing incomplete quadriplegia. Ida's sister, Jessie Ward, testified that Ida was unable to walk or use her hands to grasp objects as a result of her paralysis. Willie Greenwood suffered a concussion and severe head lacerations in the accident, and he testified to recurring headaches and dizziness following the accident. Dr. Richard Beattie testified that Willie had suffered significant neurological impairment as a result of the accident.
STATEMENT OF THE CASE
. Following the accident, the passengers and the Estate of Hunter ("the plaintiffs") sued the owner of the truck, William L. Rowe Machinery Salvage and Sales, Inc. and its driver, Lowell Gann, in the Circuit Court of Claiborne County. The passengers also sued the Estate of Hunter, alleging that Hunter's negligence had contributed to the accident. Prior to trial, the Plaintiffs reached a settlement with Gann and his employer , collecting over $1,000,000.00 in settlement proceeds from these defendants. The passengers reserved their claim for negligent driving against the Estate of Hunter, however, thus retaining venue in Claiborne County (and joining the Chancellor as administrator) even though the accident occurred in Adams County.
. The Plaintiffs later joined General Motors and a Port Gibson used car dealer in their lawsuits, and the case against GM proceeded through extensive discovery. The Plaintiffs and Hunter took the depositions of several current and former GM employees, along with the depositions of all of GM's expert witnesses. The case proceeded to trial on August 19, 1996, following which the jury returned unanimous verdicts in favor of GM and in favor of Hunter as a defend
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