Freeman v. MS Farm Bureau Ins ( 2000 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60859
Summary Calendar
MELBA FREEMAN,
Plaintiff-Appellant,
V.
MISSISSIPPI FARM BUREAU CASUALTY INSURANCE COMPANY and
JOHN WHALEN,
Defendants-Appellees,
Appeal from the United States District Court
For the Northern District of Mississippi
1:98CV233-D-D
July 11, 2000
Before SMITH, BARKSDALE and PARKER, Circuit Judges.
PER CURIAM:*
Plaintiff appeals the jury verdict in this diversity case
arising out of an automobile accident occurring in Mississippi.
We affirm.
The district court did not abuse its discretion in refusing
plaintiff's jury instruction which instructed the jury that
Defendant, John David Whalen, was negligent and proximately
caused the accident. The Mississippi Supreme Court has
recognized that Mississippi has never adopted a per se rule that
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
a driver is negligent if he/she collides with the rear of a
preceding vehicle. See White v. Miller, 513 So. 2d 600, 601
(Miss. 1987). Indeed, if conflicting evidence were presented at
trial, then the question of negligence should go to the jury.
See id. Defendants-Appellees put forth sufficient evidence at
trial to create a jury issue with respect to negligence and
proximate cause. The trial judge appropriately left these
decisions with the jury. Upon this same reasoning, the district
court did not err in denying plaintiff's motion for new trial.
Plaintiff also assigns as error the unanimous jury verdict
as against the great and overwhelming weight of the evidence
presented at trial. When viewed in the light most favorable to
the verdict this contention is without merit.
AFFIRMED.
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