Coleman v. Jitney Jungle Stores of America, Inc.

BARNES, J.,

Specially Concurring.

¶ 20. I agree with the majority that the judgment notwithstanding the verdict should be reversed. I further concur in the majority’s continued adherence with the opinion of this Court in Hearn v. Brown, 876 So.2d 380 (Miss.Ct.App.2003), as Hearn was based, in substantial part, upon the Supreme Court decision in Maxwell v. Illinois Central Gulf Railroad, 513 So.2d 901 (Miss.1987). Although I believe that Hearn’s analysis of Mississippi Rule of Civil Procedure 50(c) is inconsistent with the interpretation of the comparable federal rule,1 I recognize that the…