Legal Opinion · Dissent

Lloyd Wood Construction Co. v. Little

Mississippi Supreme Court

Decided July 22, 1993No. Nos. 89-CA-0051, 89-CA-0052Published

1DissentMcRAE, Justice

The majority finds that the jury instructions in both cases were “hopelessly muddled.” If the juries were so inadequately instructed, why not simply reverse and remand for new trials? Instead, the majority has assumed the role of thirteenth juror and muddled the mandates of cases they claim were already fraught with error in the courts below.

We do not review jury instructions in isolation, rather, we read them as a whole to determine whether a jury was properly instructed. Payne v. Rain Forest Nurseries, Inc., 540 So.2d 85, 40 (Miss.1989). “Imperfections in particular instructions do not…

2Cases cited3 opinions

  1. Flight Line, Inc. v. TanksleyMississippi Supreme Court · 1992
  2. Purina Mills, Inc. v. MoakMississippi Supreme Court · 1990
  3. Edwards v. SandersCourt of Civil Appeals of Alabama · 1989

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