Sears Roebuck & Company v. Learmonth
Annotate this CaseIn 2005, Appellant Lisa Learmonth received severe injuries in an auto/truck collision with a vehicle owned by Sears, Roebuck & Company and driven by its employee. She filed suit against Sears in federal district court. The jury returned a unanimous general verdict for Learmonth in the amount of $4 million. The "Special Interrogatory and Jury Verdict" form submitted to the jury did not instruct the jury to itemize the compensatory damages into separate categories. In Sears' Motion for New Trial, it contended that $2,218,905.60 of the jury verdict was for noneconomic damages. Learmonth used that same figure in post-trial responses. Sears' figure was accepted by both the district court and the Fifth Circuit Court of Appeals in their respective analyses. Regarding Sears' Motion, the district court held, in pertinent part, that it "cannot conclude that the jury verdict is so excessive, so 'contrary to right reason,' as to warrant a new trial or remittitur." Sears appealed that judgment to the Fifth Circuit. Learmonth cross-appealed and challenged the constitutionality of Section 11-1-60(2)(b) (the statutory authority Sears used for its appellate argument) under the separation-of-powers and right-to-jury-trial provisions of the Mississippi Constitution. The Fifth Circuit found that this was an "important question of state law . . . for which there is no controlling precedent from the Supreme Court of Mississippi," and certified the question to the Mississippi Supreme Court: "[i]s Section 11-1-60(2) of the Mississippi Code, which generally limits non-economic damages to $1 million in civil cases, constitutional?" Upon review of the matter, the Supreme Court declined to respond: "post-trial pleadings and arguments based on Sears' hypotheses are not a sufficiently reliable basis for us to undertake a decision declaring Section 11-1-60(2)(b) constitutional or unconstitutional."
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.