Vickie Greer v. Michael C. Key

Summary

The Supreme Court of Mississippi affirmed a judgment for Michael C. Key in Vickie Greer’s personal-injury action arising from a rear-end automobile accident. The court held that Greer’s failure to file a motion for a new trial procedurally barred review of her challenge to the jury’s verdict as against the overwhelming weight of the evidence. It also held that the trial court did not abuse its discretion by excluding reptile-theory questioning concerning traffic rules, safety, and foreseeability.

Holdings

1. An appellant who contends that a jury verdict is against the overwhelming weight of the evidence must first present that contention to the trial court through a motion for a new trial; failure to do so procedurally bars appellate review of the issue.
2. The trial court did not abuse its discretion by excluding questions that asked Key about the safety purposes of traffic rules, his responsibility to protect others, and the consequences of failing to follow those rules because the questions constituted inadmissible reptile-theory or community-conscience arguments.

Questions Presented

1. Whether the jury's verdict that Key's negligence was not a proximate contributing cause of Greer's damages was against the overwhelming weight of the evidence despite Greer's failure to file a motion for a new trial.
2. Whether the trial court abused its discretion by excluding Greer's questions and references concerning Key's knowledge of traffic rules, the safety purposes of those rules, and his personal sense of safety under Mississippi Rules of Evidence 401 through 403.

Disposition

affirmed