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O'Neal v. Roche Biomedical Laboratories3/28/2000
DATE OF JUDGMENT: 01/05/1998 TRIAL JUDGE: HON. ROBERT LEWIS GIBBS COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: VERDICT FOR APPELLANT IN THE SUM OF $5,500
DISPOSITION: AFFIRMED - 3/28/2000
. Richard C. O'Neal (Richard) was killed on April 30, 1992, when he was struck by a vehicle driven by Thomas Edward Bernard, an employee of appellee Roche Biomedical Laboratories, Inc. (Roche), while attempting to cross Highway 90 in Biloxi, Mississippi. Appellant Margaret T. O'Neal (O'Neal) filed this wrongful death claim on behalf of the deceased. After a jury trial in the Circuit Court of Hinds County, Mississippi, the jury returned a verdict in favor of O'Neal, awarding her $5,500. Dissatisfied with this award, O'Neal presents the following issue for our review on appeal:
I. WHETHER THE TRIAL COURT ERRED BY FAILING TO PROVIDE THE JURY WITH AN INSTRUCTION REGARDING THE FORMAT FOR A COMPARATIVE NEGLIGENCE VERDICT AFTER BEING REQUESTED TO DO SO BY COUNSEL FOR APPELLANT.
Finding this assignment of error to be without merit, this Court affirms the lower court.
STATEMENT OF THE FACTS
. On April 30, 1992, at approximately 8:23 p.m., Richard C. O'Neal was crossing Highway 90 in Biloxi, Mississippi. Richard was crossing at an intersection that is governed by a traffic control light that also contains signals informing pedestrians when they should or should not cross Highway 90. Richard was crossing from north to south. He had crossed two lanes of westbound traffic, a median, a turn lane, and one and one-half lanes of eastbound traffic when he was struck by a vehicle driven by Thomas Edward Bernard. At this time, Bernard was in the course and scope of his employment with appellee Roche Biomedical Laboratories, Inc.
. It is undisputed that as Bernard approached the intersection from the west, he had a green light. It is also undisputed that Richard was therefore facing a red light and a "do not walk" sign as he started crossing the highway. Michael Weaver, a toxicologist at the Mississippi State Crime Laboratory, testified that the decedent had a blood alcohol level of 0.26 at the time of the accident. Weaver stated that Richard's ability to walk, see, and perceive things around him would have been significantly diminished by his intoxication. Eyewitness Sheryl Barklage testified that Richard entered the eastbound lanes of traffic when Bernard's vehicle was approximately only two car lengths from the intersection.
. At the time of the accident, Bernard was traveling the posted speed limit of 35 m.p.h. Bernard testified that, although his driving visibility was clear, he never saw Richard prior to impact. Bernard testified that his headlights were on, his brakes were working properly, and the weather was dry and clear.
. Dr. Carroll David Chanell, an expert in the area of economics, testified on behalf of O'Neal. Dr. Chanell testified that the value of the loss of enjoyment of Richard's life was $1,057,580. He also testified that the value of Richard's lost future income was $248,603, but would only be $124,301 if he was living alone (Richard was 64 years old at the time of his death; therefore, retirement was a leading factor in this evaluation). There was testimony at trial indicating that Richard had been separated from O'Neal since 1980, and that they were legally separated in 1987. O'Neal also had not seen or talked to Richard since 1989, and Patricia L. O'Neal, one of their daughters, testified that she had not seen her father since 1990, two years before his death.
. Dr. Gerald Lee, a
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