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Fielder v. Magnolia Beverage Co.4/29/1999
DATE OF JUDGMENT: 12/19/96
TRIAL JUDGE: HON. LARRY EUGENE ROBERTS
COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE PRATHER, C.J., SMITH AND MILLS, JJ.
STATEMENT OF THE CASE
. On December 18, 1992, Appellant Lanice Fielder was operating a pickup truck along U.S. Highway 80 West in Lauderdale County, Mississippi. Passengers in the vehicle were Stevie Fielder, Ricardo Fielder, and Appellant Bobbie Fielder. The Fielders contend that on the day in question, they were returning to their home in Newton County along Highway 80. As they approached a sharp curve and a railroad trestle, they contend that a Magnolia Beverage Company delivery truck being driven by Jeffrey Moss in the approaching lane had crossed over the center of the road. The vehicles did not collide, but the Fielders contend that they were forced off the road and in so doing hit the support pillars of the railroad trestle. Lanice Fielder testified that she was traveling at forty-five miles per hour. The posted speed limit on this portion of the highway was thirty-five miles per hour.
. Jeffrey Moss stated that he was returning to Meridian on Highway 80 East on the day in question at thirty (30) to thirty-five (35) miles per hour. After crossing under the trestle, Moss noticed the approaching pickup truck as it rounded a corner. Moss claims the Fielder truck began to skid off the road as it came around the corner, and he observed the truck strike the trestle in his rear-view mirror. Moss turned around and returned to the accident site.
. After the accident, Lauderdale County Deputy Sheriff James Secrist was summoned to the scene. Describing the terrain, Deputy Secrist stated that there was a curve some eighty yards before the trestle as you approach from the east. Secrist discovered skid marks from the Fielder truck approximately sixty-seven paces east of the railroad trestle. Also, the deputy found that the road was wet at the point where the Fielder truck left the highway.
The Proceedings Below
. On January 4, 1993, Lanice Fielder filed a Complaint in the Circuit Court of Lauderdale County, Mississippi, against Appellee Magnolia Beverage Company ("MBC"). In her Complaint, Lanice sought damages for personal injuries she allegedly sustained in an automobile accident which occurred on or about December 18, 1992. On January 15, 1993, Lanice Fielder amended her complaint seeking additional damages for property loss. On January 26, 1993, MBC filed its Answer and Defenses to the Amended Complaint.
. On February 1, 1993, Bobbie Fielder filed a complaint against MBC arising out of the same December 18, 1992, automobile accident. On February 17, 1993, MBC filed its Answer and Defenses.
. On October 11, 12, and 13, 1993, a trial was held in the action brought by Lanice Fielder. After completion of the trial, a unanimous jury verdict was returned in favor of MBC and judgment was entered accordingly. After pursuing various unsuccessful post-trial motions, Lanice Fielder perfected her appeal to this Court on October 21, 1993. The appeal was assigned to the Court of Appeals which reversed and remanded the case for a new trial on June 27, 1995. See Fielder v. Magnolia Beverage Co., 667 So.2d 640 (Miss. App. 1995)(mem.).
. By order dated October 14, 1996, the actions of Lanice Fielder and Bobbie Fielder were consolidated by the trial court pursuant to Rule 42(a) of the Mississippi Rules of Civil Procedure. On December 16, 17, and 18, 1996, a trial was hel
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