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Denman v. Spain

Mississippi Supreme Court
135 So.2d 195 (Miss. 1961)


Facts

Betty Denman (plaintiff), a minor, sued Spain (defendant), the executrix of Joseph Ross’s estate, for personal injuries sustained in a car accident that had killed Ross and the other people in Denman’s car. Denman, who did not remember what led up to the accident, offered the following for evidence: the day of the accident was rainy and foggy; the cars were driving in opposite directions on the highway; the cars collided at some point; Hal Buckley, another motorist, stated that he was passed by Ross’s car before the accident at a speed estimated at 75-80 MPH, but that Ross had stayed in his correct lane. Spain did not offer any evidence. The trial jury ruled in favor of Denman. Spain then filed a motion for a judgment non obstante veredictor, or judgment notwithstanding the verdict. The trial judge granted Spain’s motion, awarding judgment in favor of Spain. Denman appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lee, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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