Legal Opinion · Dissent

Magee v. Covington County School District

Court of Appeals of Mississippi

Decided January 10, 2012No. 2010-CA-00621-COAPublished

1DissentRussell, J.

¶ 40. The majority finds Green Tree could not be held liable because Lutricia and Lonnie provided false information to Nurse Logan during the Lonnie’s 2007 PPE. I disagree. In my view, there was substantial credible evidence to support the jury’s verdict that Green Tree negligently conducted Lonnie’s physical examination. The fact-finder then properly determined that Lutricia and Lonnie were partly responsible and apportioned fifty-*757percent fault to them. Therefore, I dissent.

¶ 41. Our standard of review is as follows:

The standard of review for a JNOV “tests the legal sufficiency of the…

2Cases cited4 opinions

  1. Burton by Bradford v. BarnettMississippi Supreme Court · 1993
  2. Partin v. North Mississippi Medical CenterCourt of Appeals of Mississippi · 2005
  3. Pinchers v. OutlawCourt of Appeals of Mississippi · 2011
  4. Shelton v. ColemanMississippi Supreme Court · 1975

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