intown lessee - Mississippi Supreme Court

physical injury you can see like [Howard’s] face was reconstructed, but psychological cannot
be. So they’re going to be there as long as [Howard] is living on this earth.”
16. Dr. Gupta said that “in the initial evaluation [Poole] was very anxious, so I gave her
a diagnosis of acute stress disorder. As the time progressed as we understand more about
[Poole], we gave a diagnosis of post traumatic stress disorder later on.” Dr. Gupta said that
Poole had suffered from panic attacks, but that most of the panic attacks were from her post-
traumatic stress disorder. Further, Dr. Gupta testified that Poole was “not making much
progress. She needs more counseling, and she needs more intensive therapies which will
help her to come out and function like [Howard] is doing right now. [Howard] is holding a
job at this time. [Poole] is not able to do that at this time at all.” He also said that Poole
would need continued treatment with medication.
17. Dr. Gupta testified that, over the lifetime of both Howard and Poole, the cost of each
individual’s psychiatric treatment would be, at a minimum, $500,000.
18. At the close of the plaintiffs’ case-in-chief, InTown rested without presenting
evidence. The jury returned a general verdict in the amount of $2,000,000 for Howard and
$2,000,000 for Poole.
Issues
19. On appeal, InTown raises the following issues:
I. Whether the trial court erred in denying InTown’s motion for directed
verdict and motion for JNOV.
II. Whether InTown owed a duty to Plaintiffs to warn them of the alleged
generalized “atmosphere of violence” on and around the Jackson
property.
III. Whether the cumulative effect of the admission of irrelevant and
inadmissible evidence was highly prejudicial to InTown.
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