 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
White v. Mills4/22/1999
ON PETITION FOR WRIT OF CERTIORARI
DATE OF JUDGMENT: 12/12/96
TRIAL JUDGE: HON. BILL JONES
COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: VACATED AND REMANDED- 4/22/1999
EN BANC.
. We granted Franklin Mills's petition for a writ of certiorari to review the reversal by the Court of Appeals of the trial court's grant of a Miss. R. Civ. P. 54(b) summary judgment to Mills on the issue of liability for a car wreck in which Roger W. Robinson ran a stop sign and pulled directly out in front Mills. Mills claimed that the Court of Appeals' reversal of summary judgment for him on the liability issue is contrary to a prior decision of this Court, specifically Donald v. Triple S Well Service, Inc., 708 So. 2d 1318 (Miss. 1998). Mills asked this Court to reverse the Court of Appeals, to render a judgment for him against the Estate on the liability issue, and to remand for a jury determination of damages.
. We agree that the Court of Appeals erred, but not for the reason raised by Mills. We find that the Court of Appeals erred in hearing the Estate's appeal from the summary judgment for Mills on the issue of liability. The trial court incorrectly certified the summary judgment for Mills as a Rule 54(b) judgment. The trial court's summary judgment left for a jury determination the issue of damages which makes the Rule 54(b) certification improper. The appeal was improvidently granted, and the Court of Appeals should have dismissed the appeal. We vacate the Court of Appeals' judgment and dismiss the appeal as improvidently granted which effectively reinstates the trial court's summary judgment for Mills on the issue of liability. We remand the case to the trial court for further proceedings.
STATEMENT OF THE CASE
. The wreck which gave rise to Mills's suit for personal injuries occurred on October 21, 1993, around 4:30 p.m., as Roger W. Robinson was coming down the I-10 exit ramp which intersects with Mississippi Highway 63. Access to Highway 63 is controlled by a stop sign. Robinson did not stop at the stop sign and pulled onto Highway 63 directly in front of Mills's car. Robinson died, and Mills was injured.
. Mills sued Joseph Q. White, as the administrator of the Estate of Roger W. Robinson, for personal injuries Mills sustained in the automobile accident. The Estate filed a counterclaim alleging that Mills's negligence was the sole proximate cause or a contributing cause of the wreck.
. Mills filed a motion for summary judgment claiming that Robinson's failure to stop at a stop sign was the sole proximate cause of the wreck. Mills asserted that there was no genuine issue of material fact as to his lack of liability for the wreck. Mills asked the court to dismiss the Estate's counterclaim against him. Mills filed another motion for summary judgment asserting that there was no genuine material fact issue as to Robinson's liability for the accident. Mills sought summary judgment on the liability aspect of his complaint against the Estate.
. In support of his motions for summary judgment, Mills submitted his affidavit and the affidavit of a disinterested witness who was traveling behind Mills on Highway 63 immediately prior to the wreck. Both Mills and the disinterested witness testified that Mills was traveling the speed limit or less and that Robinson pulled out directly in front of Mills. Mills's affidavit additionally stated that there was no way for Mills to avoid hitting Robinson's vehicle.
. To rebut the motions for summary judgment, the Estate contended
Page 1 2 3 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|