Blackledge v. Scott, 57822
| Court | United States State Supreme Court of Mississippi |
| Citation | 530 So.2d 1363 |
| Docket Number | No. 57822,57822 |
| Parties | Dewey BLACKLEDGE, Jr. v. Ethel L. SCOTT and Clarence Osborne. |
| Decision Date | 07 September 1988 |
Page 1363
v.
Ethel L. SCOTT and Clarence Osborne.
Lucius B. Dabney, Jr., Dabney & Dabney, Vicksburg, Johnson & Johnson, Natchez, for appellant.
Tim Waycaster, Riley & Pintard, Natchez, for appellees.
Before ROY NOBLE LEE, C.J., and ROBERTSON and SULLIVAN, JJ.
ROY NOBLE LEE, Chief Justice, for the Court:
Dewey Blackledge, Jr. has appealed to this Court from a judgment of the Chancery Court of Claiborne County entered against him and in favor of Ethel L. Scott and Clarence Osborne in the amount of forty-four thousand eight hundred fifty dollars ($44,850) for personal injuries sustained in an automobile accident. The appellant assigns five (5) errors in the trial below. We discuss only one, i.e., whether venue should have been changed, and reverse and remand.
Facts
On October 8, 1984, appellee Clarence Osborne, 69, drove his friend, appellee Ethel Scott, 71, to Mississippi Baptist Medical Center in Jackson so that Scott could receive a cobalt treatment. Both Osborne and Scott lived in Port Gibson. They traveled to Jackson via State Highway 18 which, at its intersection with U.S. Highway 80 in Jackson, becomes Robinson Road. The weather was rainy; there had been a brief heavy shower a few minutes
Page 1364
earlier. Only light intermittent rain was falling as Osborne and Scott headed down Robinson Road.While they were stopped for a traffic signal at the bottom of a hill on Robinson Road, 1 Osborne and Scott were suddenly struck from the rear by a car driven by appellant Dewey Blackledge, Jr. The impact knocked Osborne's car to the middle of the intersection. According to Blackledge, he was coming down the hill when he saw Osborne's vehicle slowing down ahead. Blackledge applied his brakes, the wheels "locked," and his car skidded some forty (40) feet before colliding with the rear of Osborne's car.
Both Osborne and Scott were shaken, but neither suspected serious injury. After the police responded, Osborne and Scott proceeded to Baptist Hospital for Scott's cobalt treatment. Subsequent to the treatment, they drove back to Port Gibson. That evening, Osborne went to the emergency room of the Jefferson County Hospital in Fayette, where he was treated by Dr. Shanti Pandey. He was admitted to the hospital and remained there for one week. The diagnosis was trauma to the neck, back and shoulders.
On the morning after the accident, Scott went to a doctor in Fayette who prescribed some pain medications. After approximately four weeks, the Fayette physician referred Scott to Dr. David Ball in Natchez. Dr. Ball hospitalized Scott on November 7, 1984, for a period of nine (9) days and diagnosed her condition as cervical and lumbar strain with aggravation of a preexisting osteoarthritic condition.
The chancellor found (1) that appellant failed to use the degree of care required of a reasonably prudent person and was therefore negligent in the operation of his vehicle; (2) that Scott incurred $2,528.00 in medical, hospital, drug, and miscellaneous expenses; and (3) that Osborne incurred $2,600 in lost wages and medical, hospital, and drug expenses. Finding that Scott was permanently disabled to the extent that she was required to move in with her daughter after the accident and that were it not for her daughter Scott would likely be confined to a nursing home, the chancellor awarded her total damages of $27,750. Also, finding that Osborne suffered a "slight disability" of indefinite duration and that he was now precluded from enjoying certain activities which he pursued before the accident, the chancellor awarded him total damages of $17,100.
Law
THE VENUE OF THIS CAUSE WAS IN THE FIRST JUDICIAL DISTRICT OF HINDS COUNTY, MISSISSIPPI, OR IN JONES COUNTY, MISSISSIPPI, NOT CLAIBORNE COUNTY, MISSISSIPPI, AND IT SHOULD HAVE BEEN TRANSFERRED FROM...
To continue reading
Request your trial
-
Tillotson v. Anders, No. 89-IA-00013
...accounting what is in essence an action at law for breach of contract. Thompson, 427 So.2d at 976. More recently, in Blackledge v. Scott, 530 So.2d 1363 (Miss.1988), we rebuffed a plaintiff's effort to bring in chancery court what was clearly a common law tort Love v. Dampeer, 159 Miss. 430......
-
Flight Line, Inc. v. Tanksley, No. 89-CA-0307
...404, 407 (Miss.1989). If venue is proper when and where suit is filed, it may not be ousted by later events. See Blackledge v. Scott, 530 So.2d 1363, 1365 Of right, the plaintiff selects among the permissible venues, and his choice must be sustained 2 unless in the end there is no credible ......
-
Wayne General Hospital v. Hayes, NO. 2001-IA-00320-SCT (Miss. 11/6/2003), NO. 2001-IA-00320-SCT.
...venue is based does not destroy proper venue." Estate of Jones v. Quinn, 716 So.2d 624, 628 (Miss. 1998) (citing Blackledge v. Scott, 530 So.2d 1363, 1365 (Miss. ¶23. In Estate of Jones, we concluded that "[i]n suits involving multiple defendants, where venue is good as to one defendant, it......
-
US FIDELITY & GUAR. COMPANY v. Estate of Francis, No. 1999-CA-01745-SCT.
...Leaf River Forest Prods., Inc. v. Deakle, 661 So.2d 188 (Miss.1995), McLean v. Green, 352 So.2d 1312 (Miss.1977), Blackledge v. Scott, 530 So.2d 1363 (Miss.1988) and Southern Leisure Homes, Inc. v. Hardin, 742 So.2d 1088 (Miss.1999) as authority regarding a chancellor's discretion involving......