Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Category Archives: Appellate Decisions From Jury Verdicts

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Miss. Supreme Court Reverses and Renders Jefferson County Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $13 million judgment in American Optical Corporation v. Rankin. This was a Jefferson County silica case where the date of the judgment was February 24, 2015. The Court reversed on a statute of limitations issue. The plaintiff filed suit in 2013. Defendant argued that the… Continue Reading

Miss. Supreme Court Affirms $644,000 Jury Verdict in Inverse Condemnation Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Miss. Supreme Court affirmed a 2014 jury verdict of $644,000 in Murphy v. State of Mississippi. The plaintiffs alleged that the State took their property for public use without formal condemnation proceedings and without compensating plaintiffs. The State argued that the property in question was public tidelands. The jury agreed with… Continue Reading

Miss. Court of Appeals Affirms Million-Plus Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $1,095,000 Hinds County jury verdict in Barnett v. Miss. Valley Silica Co. Here is my brief post in October 2012 reporting on the verdict. The decedent worked near sandblasting at Miss. Iron and Steel Co. on High Street in Jackson. He alleged that Valley Silica failed… Continue Reading

Court of Appeals Doesn’t Decide Caps

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
The Mississippi Court of Appeals decided the much ballyhooed caps case on Tuesday. Here is the Court’s decision in Emergency Medicine Associates of Jackson v. Glover. As predicted, the Court never got to the issue of whether Mississippi’s caps on non-economic damages are constitutional. This was a Hinds County medical malpractice case where the jury… Continue Reading

Miss. Supreme Court Affirms $484,141.98 Jury Verdict in Medical Malpractice Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court affirmed a jury verdict of $484.141.98 in Robinson v. Corr. Facts: This was a medical malpractice case. In 1998, Regina Corr gave birth at Gulfport Memorial Hospital. Her OB/GYN (Dr. Charles Robinson) delivered by C-section. During the procedure, Regina’s uterus was lacerated, requiring repair. A urology consult the… Continue Reading

Miss. Supreme Court Affirms $30 Million Bench Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
The Mississippi Supreme Court affirmed a $30 million bench verdict on Thursday in Sandoz v. State of Mississippi. Here is Court’s the opinion and here is my 2011 post mentioning the verdict. This was a state A.G. case that charged Sandoz with inflating wholesale prices of prescription drugs. Here is Jane’s Law Blog’s summary of… Continue Reading

Miss. Court of Appeals Reinstates Original Verdict in Smith County Car Wreck Trial

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
Back in 2009, I mentioned a modest $100,000 plaintiff verdict in a Smith County rear-ender. The Circuit Court later granted plaintiff’s motion for a new trial. The jury rendered a $250,000 verdict at the re-trial. The defendant appealed and argued that the trial court should not have granted the new trial. The Court of Appeals… Continue Reading

Supreme Court Reverses and Renders Silica Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $787,500 silica case judgement in Mine Safety Appliance Co. v. Holmes. It was a 6-3 decision with Chief Justice Waller writing the majority opinion. Here is Jane Tucker’s post that contains a summary of the decision. This was a products case with the product at… Continue Reading

Big Week at the Miss. Supreme Court

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
In addition to the Miss. Supreme Court’s big decision in Eaton v. Frisby last week, the Court also issued decisions in several other big civil cases. The list includes:  Estate of Bloodworth v. Illinois Central R.R.: affirmed summary judgment in Tallahatchie County wrongful death crossing accident case; Mitchell Crane Services v. Page: reversed and rendered… Continue Reading

Baker & McKenzie and its Insurer Still in Bad Shape After Appeal Win

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
As mentioned last week, mega firm Baker & McKenzie won a reversal on causation and damages last week of the $103 million Jones County legal malpractice verdict against the firm. Now for the bad news for Baker & McKenzie. Justice Pierce wrote the majority opinion. All nine Mississippi Supreme Court Justices agreed that the plaintiffs… Continue Reading

Updated Mississippi Supreme Court Scoreboard for 2013

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
Unless some decisions of verdicts have slipped through the cracks, here is the Mississippi Supreme Court’s record for ruling on verdicts so far in 2013: Decisions on Verdicts: 2 Plaintiff Verdicts Upheld: 1 (reversing court of appeals) Amount of Verdict Upheld: $500,000 Plaintiff Verdicts Reversed: 1 Amount of Verdict Reversed: $1 million My Take: Is… Continue Reading

Miss. Supreme Court’s Reversal of $1 Million Jury Verdict in Medical Malpractice Case is Example of Why State Court Judges Need to Alter System for Formulating Jury Instructions

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Supreme Court
As discussed at TBA last week, on Thursday the Mississippi Supreme Court reversed and remanded a 2011 jury verdict of $1 million in a Hinds County case. Plaintiff alleged medical malpractice against Dr. Charles Laney. Here is the Court’s opinion in Laney v. Vance. The facts of the case were not important for purposes of the Court’s opinion.… Continue Reading

Miss. Court of Appeals Affirms $390,000 Medical Malpractice Bench Trial Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals affirmed a $390,000 Washington County bench trial verdict in Delta Regional Medical Center v. Taylor. Here is the Court’s opinion. The plaintiff in the case alleged that the Delta Regional E.R. physician failed to diagnose a stroke. As a result of the failure to diagnose and treat,… Continue Reading

Plaintiffs Rolls Yahtzee – Supreme Court Sinks Their Battleship

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
In 2010 the Ohazurike family–of obscure board game fame–obtained a $3.6 million judgment in a Hinds County Circuit Court case that should have been in county court. Here is my post on the verdict.   On Thursday the Mississippi Supreme Court sank the Ohazurike’s proverbial Battleship in a unanimous decision. What was the Court’s vote? I’ll give you… Continue Reading

Miss. Supreme Court Reverses $1 Million Trip and Fall Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and remanded a $1.07 million judgment in a 2010 Hinds County trip-and-fall trial. This was a verdict obtained by Jackson attorney Ashley Ogden on behalf of a man who fell and injured his hip in Bailey Lumber & Supply in Jackson.  Here is the Court’s opinion. The verdict was for… Continue Reading

Mississippi Supreme Court Reverses $1.5 Million Verdict in Lincoln County Commercial Litigation Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
In 2010 a Lincoln County jury rendered a $1.5 million verdict for Precision Welding against Denbury Resources. Here is my post on the verdict. On Thursday the Mississippi Supreme Court reversed and remanded the case for a new trial in a 6–3 decision. Here is the Court’s opinion. Justice Dickinson wrote the majority opinion. The… Continue Reading

Mississippi Supreme Court’s Reversal of $2.6 Million Judgement Shows Why State Courts Need Better System for Jury Instructions

Posted in Appellate Decisions From Jury Verdicts, Improving the Jury System, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and remanded a $2.6 million judgment in Miss. Valley Silica Co. v. Eastman in a 6–3 decision. Here is the Court’s opinion. The Court’s decision stemmed from a 2010 silica trial in Warren County that resulted in a $7.6 million jury verdict. The trial court reduced the verdict… Continue Reading

Mississippi Supreme Court Reverses and Renders Hinds County Premises Liability Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $2.5 million jury verdict against Kroger in 2009 based on the 2007 beating of a customer in a purse snatching incident. Here is the Court’s opinion in Knox v. Kroger. I wrote on the verdict in 2009 here and here. Justice Dickinson wrote the Court’s… Continue Reading

Miss. Supreme Court Reverses and Remands $15.2 Million Asbestos Drilling Mud Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court reversed and remanded a 2010 Jones County jury verdict of $15.2 million in an asbestos drilling mud case. Here is the Court’s opinion in Phillips 66 Co. v. Lofton. I previously wrote about the verdict here and here. The big appeal issue was statute of limitations. I attended… Continue Reading

Welcome to McDonald’s!!!! Video Shows Wackenhut Guard Assaulting Plaintiff in McDonald’s Premises Case

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Court of Appeals
The post last week about the Court of Appeals decision in the Hinds County Wackenhut-McDonald’s premises liability case generated a lot of discussion. Posted below are the two videos from inside the McDonald’s. The first video shows the Wackenhut security guard shoving the plaintiff with a lot of force. The second video from the back… Continue Reading

Miss. Court of Appeals Reverses $1 Million Verdict in Hinds County Premises Liability Trial

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals reversed and remanded a 2009 $1 million Hinds County premises liability verdict in Wackenhut v. Fortune. Here is my December 2009 post on the verdict. This was the case where the plaintiff was a homeless man who got into it with the manager and security guard at the McDonald’s on Highway… Continue Reading

Miss. Supreme Court Affirms $150,000 Jury Verdict in Sexual Harassment Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court affirmed a $150,000 jury verdict in the Humphrey County Circuit Court in City of Belzoni v. Johnson. The case was a 1983 action filed in state court. Plaintiff claimed that she was sexually harassed by another police officer while she served on the City of Belzoni’s police force. Plaintiff… Continue Reading

Mississippi Court of Appeals Affirms $4,691,000 Jury Verdict Against Baptist Hospital in Wrongful Death Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $4.6 million Hinds County jury verdict in Miss. Baptist Health Systems v. Kelly. Here is the Court’s opinion. This was the appeal of a 2009 trial that I wrote about in this 2009 post. This was a pre-tort reform cap case. Ellen Kelly died as a… Continue Reading