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General Motors Corporation v. Pegues12/8/1998
y transported to Memphis Regional Medical Center's Trauma Unit where he was diagnosed with multiple orthopedic injuries including dislocation of the pelvis, right hip and left ankle, and multiple fractures of the femur, tibia, and ankle bone. Dr. Thomas A. Russell's deposition stated that Pegues had large wounds between the base of his scrotum to his anus and over his left leg. Pegues was paralyzed upon arrival to the hospital and underwent the first of fourteen surgeries. According to Pegues, the surgeries he has undergone thus far are as follows:
"1. April 27, 1986 - surgical debridement and irrigation of the wounds; stabilization of the tibia and fibula fractures by two external fixators being drilled into the bones; stabilization of the ankle fracture by drilling steel pins into the ankle. "2. April 27, 1986 - colostomy operation on his abdomen to prevent infection of the wound between the scrotum and anus by feces. "3. April 28, 1986 - manual manipulation of his foot and surgical placement of steel pins in his foot to stabilize the fractures and dislocations in his left foot. "4. April 29, 1986 - surgical debridement and irrigation of the wounds. "5. May 2, 1986 - surgical debridement and irrigation of the wounds; adjustment of the external fixator for better alignment of the fractured tibia. "6. Transplant surgery - muscle removed from shoulder or back area and transplanted into left leg to reconstruct leg. "7. May 15, 1986 - surgical adjustment of external fixators to prevent continued slipping at the fracture sites. "8. May 21, 1986 - skin graft transplant surgery from right leg to left leg. "9. May 29, 1986 - surgical debridement, irrigation, and implementation of a drain at the site of the leg wound. "10. June 5, 1986 - exploratory surgery -infection discovered running from lower leg into left foot and ankle area. "11. June 17, 1986 - mid-thigh amputation of left leg. "12. June 21, 1986 - surgical debridement and irrigation of wound. "13. June 24, 1986 - amputation wound surgically closed. "14. August 7, 1986 - colostomy surgically closed."
. Pegues was 26 years old at the time of the accident, and was given a 42 year remaining life expectancy. Pegues testified that after he returned home from the hospital, it took him a least a year before he was able to get up out of bed and get around. Pegues stated that when he finally learned to use his prosthesis, he attempted to return to work stripping, waxing, and buffing floors. However, because of the slippery floors, Pegues fell and broke his artificial leg, and was unable to continue to work at that job. Because of the accident, Pegues has suffered and will continue to suffer loss of earnings and loss of earning capacity.
. This Court is well aware that each suit for personal injury must be decided by the facts shown in that particular case. Kinnard v. Martin, 223 So. 2d 300, 303 (Miss. 1969). The record indicates that as a result of his injuries, Pegues has suffered significant constant and sustained pain. The record also reflects that this constant and sustained pain will continue. The loss of his leg has effectively robbed him of a his vocation and has left him disfigured and crippled. He is permanently disabled, incapable of participating in normal activities, and his life is grossly affected in all aspects. The pain and difficulty of having to wear a false leg encompasses extreme hardship in his daily life, twenty-four hours a day, everyday, and will continue until death. See Deas v. Andrews, 411 So. 2d 1286 (Miss. 1982).
. This Court is well aware that Pegues admitted to drinking on the evening of the accident, and that his blood alcohol content registered at .226. However, as we stated earlier, the jury wa
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