Whitten v. Cox

124 Citing cases

  1. Mariner Health Care v. Edwards

    2004 CA 1478 (Miss. 2007)   Cited 41 times
    Holding that "[t]he failure to conduct an evidentiary hearing on punitive damages, where the plaintiff has sought such damages and the jury has awarded compensatory damages, constitutes reversible error."

    ¶ 6. This Court reviews the grant or denial of a motion for directed verdict de novo, and will consider the evidence in the light most favorable to the appellee, giving that party the benefit of all favorable inferences that may reasonably be drawn from the evidence. Whitten v. Cox, 799 So.2d 1, 7 (Miss. 2000). So long as substantial evidence supports the verdict, that is, evidence of such quality and weight that reasonable and fairminded jurors in the exercise of impartial judgment might have reached different conclusions, then this Court will affirm.

  2. Parsons v. Walters

    297 So. 3d 250 (Miss. 2020)   Cited 11 times

    " Sumler v. E. Ford, Inc. , 915 So. 2d 1081, 1089 (Miss. Ct. App. 2005) (citing Whitten v. Cox , 799 So. 2d 1, 10 (Miss. 2000) ). "[T]he plaintiffs still bear the burden of demonstrating the need for compensatory damages beyond nominal damages[.]" Whitten , 799 So. 2d at 10.

  3. Jones v. State

    390 So. 3d 498 (Miss. 2024)   Cited 1 times

    "Where error involves the admission or exclusion of evidence, this Court ‘will not reverse unless the error adversely affects a substantial right of a party.’ " Whitten v. Cox, 799 So. 2d 1, 13 (¶ 27) (Miss. 2000) (internal quotation mark omitted) (quoting Floyd v. City of Crystal Springs, 749 So. 2d 110, 113 (¶ 12) (Miss. 1999)). "The Supreme Court will reverse the lower court’s denial of a motion for a new trial only if, by doing so, the court abused its discretion."

  4. Morris Newspaper Corp. v. Allen

    2003 CA 192 (Miss. Ct. App. 2006)   Cited 6 times
    Concluding emotional distress was foreseeable "given [the defendants'] knowledge of [the plaintiff's] strong desire to work as [a news] anchor"

    Wilson v. Gen. Motors Acceptance Corp., 883 So.2d 56, 63-66 (¶¶ 26-37) (Miss. 2004); Am. Bankers' Ins. Co. of Fla., 819 So.2d at 1208-09 (¶¶ 40-45); Whitten v. Cox, 799 So.2d 1, 9-13 (¶¶ 13-25) (Miss. 2000); Adams, 744 So.2d at 741-44 (¶¶ 16-22); Morrison, 680 So.2d at 805-07. ¶ 48.

  5. Teasley v. Buford

    2002 CA 711 (Miss. Ct. App. 2004)   Cited 18 times
    In Teasley v. Buford, 876 So.2d 1070, 1074 (¶ 2) (Miss.Ct.App. 2004), the plaintiff alleged that the defendants trespassed on his land and removed several trees.

    The standard of review of the trial court's denial of a remittitur is the same as the standard for an additur. Whitten v. Cox, 799 So.2d 1, 18 (¶ 45) (Miss 2001). On appeal, we will not reverse the decision of the trial court unless it amounts to an abuse of discretion. Burge, 856 So.2d at 580 (¶ 6). As we stated regarding the trial court's denial of Teasley's motion for an additur, the jury award will not be set aside unless it is deemed outrageous and unreasonable.

  6. Adams v. Roberts

    CV 18-148-M-DLC (D. Mont. Aug. 11, 2021)

    Adams did not raise the issue again until the instant posttrial motion. 799 So.2d 1 (Miss. 2000). Notably, a false imprisonment claim under Mississippi law is comprised of the same elements as a claim brought pursuant to Montana law: “(1) detention of the plaintiff; and (2) that such a detention was unlawful.”

  7. Loyacono v. Travelers Ins. Co.

    163 So. 3d 932 (Miss. 2014)   Cited 4 times

    Robinson Prop. Group, L.P. v. Mitchell, 7 So.3d 240, 243 (Miss.2009) (quoting Whitten v. Cox, 799 So.2d 1, 13 (Miss.2000) (quoting Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (Miss.1999) )).

  8. InTown Lessee Associates, LLC v. Howard

    2009 CA 1987 (Miss. 2011)   Cited 37 times
    Refusing to “guess” what portion of a general verdict constituted noneconomic damages

    ¶ 27. "The standard of review regarding admission or exclusion of evidence is abuse of discretion. Where error involves the admission or exclusion of evidence, this Court `will not reverse unless the error adversely affects a substantial right of a party.'" Whitten v. Cox, 799 So.2d 1, 13 (Miss. 2000) (quoting Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (Miss. 1999)).

  9. Burnwatt v. Ear, Nose & Throat Consultants of North Mississippi, PLLC

    2008 IA 1563 (Miss. 2010)   Cited 5 times

    ¶ 17. The standard of review for a trial court's decision either to admit or exclude evidence is abuse of discretion. Whitten v. Cox, 799 So.2d 1, 13 (Miss. 2000); Robinson Prop. Group, L.P. v. Mitchell, 7 So.3d 240, 243 (Miss. 2009); Beverly Enters., Inc. v. Reed, 961 So.2d 40, 44 (Miss. 2007).

  10. Dehenre v. State

    2008 KA 968 (Miss. 2010)   Cited 14 times

    Ladnier v. State, 878 So.2d 926, 933 (Miss. 2004) (citing Whitten v. Cox, 799 So.2d 1, 13 (Miss. 2000) (citations and internal quotation marks omitted) (brackets in original)). ¶ 22. Dr. B.R. Patel, a colleague and friend of Nyasha, testified about a meeting he had with the two DeHenres in October 1996, just months before the shooting.