On Tuesday the Mississippi Court of Appeals affirmed a $350,000 jury verdict in APAC v. Johnson. The verdict was from the Circuit Court of Washington County. The facts were that an APAC truck hit a power line, causing a pole to fall on plaintiff’s vehicle. The plaintiff had to be removed from the vehicle with the jaws of life and suffered C6 and C7 fractures. The plaintiff’s medicals were $12,621.34. APAC admitted liability.
APAC’s numerous appellate issues included whether the trial court should have allowed treating physicians to testify as fact witnesses and whether the verdict was excessive. A unanimous court of appeals affirmed the verdict.
Regarding the amount of the verdict, the Court stated that the jury has “broad leeway” when it comes to a damages award. The Court did not find bias, passion or prejudice due to the evidence that the plaintiff had a fractured vertebrae, ongoing pain and limitation of her former activities.