JACKSON - The Mississippi Supreme Court has reinstated a $200,000 judgment against the Lee County School District but rejected arguments from Joseph Thompson that he deserved more.
Thompson sued bus driver George Gregory and the school district in 1999. Gregory was dismissed as a defendant.
In 2003, Circuit Judge Thomas J. Gardner III, in a non-jury trial, found the school district liable for damages of $200,000. However, Gardner said Thompson was 50 percent at fault and reduced the total damage award to $100,000.
Last year, the state Court of Appeals threw out the damage award and ordered a new trial.
On Thursday, the Supreme Court, in a 5-3 decision, reversed the Appeals Court and reinstated the $200,000 award, ruling Gardner was wrong to reduce it.
The accident occurred in 1998 in Shannon. According to the court record, Thompson's truck collided with the school bus, which had pulled out in front of him at an intersection.
Gregory suffered minor injuries. Thompson spent about 27 days in the hospital to recover from his injuries, the court record showed.
At trial, experts testified that while Thompson recovered physically, he suffered loss of language skills, reduced motor functioning and coordination and other problems. On appeal, Thompson argued he shared no fault and claimed the damage award was too small.
Justice George C. Carlson Jr., writing for the Supreme Court, said the bus driver had ample time to look both ways. However, Carlson said Thompson admitted to seeing the bus and did not proceed with caution.
"Just because a person may be driving on a through highway with the lawful right-of-way to proceed through an intersection with another road where there are located stop signs, does not mean that person may approach and enter the intersection with impunity and without exercising caution," Carlson wrote.
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