Mississippi Litigation Review & Commentary : Mississippi Personal Injury Lawyer & Attorney : Phillip W. Thomas Law Firm : MS Litigation Review & Commentary

• Email This
• Print
• Comments
• Trackbacks

The Clarion-Ledger ran this article on Monday about the upcoming elections to fill the seats of retiring Judge Yerger (Hinds County Circuit) and Barnett (Hinds County County). The article was largely a repeat from an October article that quoted Ashley Ogden and Jeff Weill stating that they would probably run for Judge Yerger’s seat. I wrote about and Ogden v. Weill race here.

On the County Court side, Jackson attorneys Trent Walker and Melvin Priester have qualified for Judge Barnett’s seat. Walker is a Brandon native and Jackson State graduate who lives in South Jackson. He has extensive experience on both the plaintiff and defense side in civil litigation as well as in the criminal defense arena. He recently obtained an acquittal in a murder trial in North Mississippi that sounded a little like the trial in My Cousin Vinnie. He currently works for Schwartz and Associates in Jackson.

Priester is a special circuit court judge and practices law in Jackson.

The Ledger article does not identify the date of the election or the deadline for qualifying for the races. I believe—and I am not certain about this—that the qualifying deadline is in May and the non-partisan elections are in November.

• Email This
• Print
• Comments (1)
• Trackbacks

A Hinds County jury returned a $1 million verdict this week for a plaintiff who was beaten by a Wackenhut security guard in a McDonald’s restaurant located on Highway 80 in Jackson after a dispute with the manager over a cup of ice.

The plaintiff was allegedly a homeless man who was intoxicated at the time of the incident. He claimed to be a frequent customer of the McDonald’s. The plaintiff was arguing with the manager when the Wackenhut guard used force to remove plaintiff from the store. Plaintiff claimed to suffer a broken shoulder and other injuries.

The jury was shown a video of the attack. The Wackenhut guard shoved the plaintiff out the doors of the store, causing the plaintiff to fall and hit his head. The guard then followed the plaintiff out and stomped on the plaintiff, causing his shoulder to shatter. 

The defense argued that the use of force was justified and that plaintiff had a knife, but several witnesses testified that they did not see the plaintiff with a knife. 

The jury deliberated for 2 hours and 45 minutes and apportioned 75% of the fault to Wackenhut and its guard and 25% to McDonald's.

The entire verdict was for compensatory damages. The plaintiff did not request punitive damages.

Plaintiff’s counsel were Rocky Wilkins and Ashley Ogden of Jackson.

 Michael Wolf and Smith Boykin of the Page Kruger firm represented the Wackenhut guard. Matt Taylor of the Streetman firm represented Wackenhut. Jason Strong and Garner Berry of the Daniel Coker firm represented McDonald's.    

Judge Winston Kidd presided over the case.

• Email This
• Print
• Comments
• Trackbacks

Today's Clarion-Ledger contains this article about Jackson city councilman Jeff Weill considering running for the Circuit Court seat that Judge Yerger will vacate with his retirement at the end of next year. The article states:

"It's definitely on my radar," Weill said. "The current plan is to look hard at this opportunity - it's a once-in-a-decade opportunity - and to make a decision after the first of the year."

So far, Weill said his interest has been limited to a few conversations with supporters. But he said he believes he could make more of an impact from the bench on public safety, a key issue in his recent Ward 1 re-election campaign.

"I think I could do more to protect the citizenry as a judge than as a councilman," said Weill, who was re-elected in June to a four-year term on the council. "One of the things Yerger has done is move the criminal docket forward. That's a problem we have and I would like to continue the work he has done."

I can't argue with anything Weill says here, but as a Jackson resident, I would hate to see him leave the city council. I have been impressed with his demeanor and attention to detail on the council.  

Jackson attorney Ashley Ogden also plans to run for seat:

"I have an interest in Jackson's crime problem being solved and that's why I ran in the [last election]," he said. "I would expect a minimum of six to seven people running for that seat, and I'll be one of them."

Ogden will be a formidable opponent for anyone. He garnered 42% of the vote against Judge Yerger and campaigned very hard. Retired Supreme Court Chief Justice Jim Smith now works for Ogden's law firm and will probably be an asset to an Ogden campaign.

Weill is a republican and is probably the hand-picked choice of the the republican party. He has proved that he can win an election and would be a challenge to Ogden. It would not be surprising to see Judge Yerger retire early so that Governor Barbour can give Weill a head start by appointing him to fill the remainder of Yerger's term.

Republicans might not support Ogden because his law practice focuses on representing injured victims instead of insurance companies and big business. While this does not necessarily mean that Ogden would be a bad judge for big business, his background might scare them. Average citizens will love Ogden's tough on crime message and Weill will look like a copy-cat if he uses a similar theme. It promises to be an interesting race.

• Email This
• Print
• Comments
• Trackbacks

A Hinds County jury awarded a total of $4 million to a Jackson couple who were assaulted and beaten in 2008 in their room at the In Town Suites on I-55 in North Jackson. The case was tried before Judge Tommie Green. Plaintiff's counsel was Ashley Ogden of Jackson. Defense counsel was Wade Manor and another attorney with Scott, Sullivan Streetman and Fox of Ridgeland. The jury awarded $2 million to each of the two plaintiffs.

I watched a good portion of this trial and there really was no defense. Someone severely beat the two Plaintiffs in their room at the hotel. The former hotel manager testified that he quit because he feared for his life after having a gun put to his head in an earlier robbery. The manager testified that he begged for security. The corporation that owned the hotel would not grant the manager's requests for armed security, stating that it was not in the hotel's budget. The manager testified that the hotel netted $700,000 in profit in 2007, which was the year before the assault. 

Several police officers testified that there was a major crime problem at the hotel that hotel ownership did not address. The defendant argued that lighting and peep holes in doors was security and that there were inconsistencies in the two plaintiffs' accounts of what happened. Defense counsel seemed to be suggesting that the plaintiffs knew their attackers and were doing something wrong. But the defendant put on no evidence to support this theory. Defendants can occasionally win cases with suspicion and innuendo rather than hard evidence, but it did not happen this week in Hinds County.   

• Email This
• Print
• Comments
• Trackbacks

The Clarion-Ledger is reporting that Hinds County Circuit Judge Swan Yerger will not run for reelection when his current term expires on December 31, 2010.

Judge Yerger is 74 years old and has served on the bench since 1997. There have been rumors over the last few months that Judge Yerger would retire at the end of this year, which would allow Governor Barbour to appoint a replacement to serve until the next election. Judge Yerger currently presides over the Eaton v. Frisby trade secrets case, which is probably the biggest case currently pending in any Mississippi state court. Perhaps Judge Yerger plans to stay on the bench through 2010 so that  he can preside over the trial of that case.

Speculation will be rampant over who will run for the seat in 2010. The early favorite would have to be successful Jackson plaintiff attorney Ashley Ogden. Ogden ran against Yerger in the last election and almost won. Rumors around town are that Ogden already plans to run for the seat. Ogden is young and energetic and would be a formidable opponent  for any candidate. Republican interests would fear Ogden due to his plaintiff lawyer background. Ogden's firm web site is called Take Back Jackson and suggests that he never stopped campaigning for the seat. Former Mississippi Supreme Court Chief Justice Jim Smith is now associated with Ogden's firm. The conservative Smith's active support in a campaign would be a huge benefit to Ogden's chances.  

There is no doubt that Judge Yerger's retirement and the looming election to replace him will be a huge story in 2010.  

• Email This
• Print
• Comments (1)
• Trackbacks

A Hinds County Circuit Court jury awarded $2.5 million on Friday to David Marble, a thirty-nine year old cable repairman. Here is the Clarion-Ledger story, which is light on the details. The case was tried before Judge Tommie Green. Ashley Ogden represented the plaintiff and Hugh Gillon from Upshaw Williams represented the defendant, Deviney Construction. Plaintiff alleged that Deviney cut a live electrical wire and left without warning anyone about the hazardous condition. Plaintiff later came into contact with the wire, causing severe injuries.  

It's my understanding that the plaintiff suffered a back injury and that there was expert testimony that he was permanently disabled. I'm not sure how an electrical contact causes a back injury.

I believe that this is Ogden's fourth seven figure verdict in Hinds County this year. There was also an announcement in the paper on Sunday that former Chief Justice Jim Smith is now of counsel with Ogden's firm, which is very ironic. I'll post more on this verdict if I obtain additional information about the case.  

• Email This
• Print
• Comments
• Trackbacks

On Friday a Hinds County Circuit Court jury rendered a $2.5 million verdict for Linda Knox, a 62 year old woman who in 2007 was severely beaten in the parking lot of the Kroger Grocery Store on I-55 in northeast Jackson. Ms. Knox was hospitalized for two weeks following the attack and was permanently blinded in one eye. Her two attackers targeted older women in shopping center parking lots. Ms. Knox's attorneys were Rocky Wilkins and Ashley Ogden of Jackson. Kroger's attorney was Bill Luckett of Clarksdale.

Viewing the comments to the story on the Clarion-Ledger's website , there is sympathy for Kroger's defense, which the Ledger described as follows: 

But Luckett said there was no way Kroger could have prevented "crazy, drugged out thugs" from carrying out the attack.

Luckett said one of those charged in the crime said they had driven around the parking lot looking for a female to snatch her purse.

"Look at it as an unfortunate event that happened on Kroger's lot," Luckett said.

I'm going to argue the other side of the coin on this one. Businesses on the I-55 corridor in Jackson invite customers in and take their money, but never disclose that there is a history of crime activity in their parking lots. There are many purse snatchings and similar assaults in the parking lots of these businesses. Most do not make the news. Visit that Kroger and I promise you that you will never see a sign that says: "Warning! Crazy drugged out thugs beat up an old lady in the parking lot last week. Shop at your own risk." Businesses like Kroger should either disclose the crime history on their premises or provide protection for their customers.

To get a verdict in a premises liability case the plaintiff must prove that the defendant was on notice of a dangerous condition. Ms. Knox and her attorneys presumably met this burden. I doubt that Ms. Knox knew about the crime wave in the Kroger parking lot--most people do not. Kroger knows this and likes it that its customers do not know, otherwise they might drive out to the Wal Mart. The critics of this verdict would not give Kroger or another business their sympathy if they were attacked in the parking lot of a business with an undisclosed history of crime activity.