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

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There were at least four significant civil trials last week in Mississippi with the plaintiffs winning 3 of 3 that went to verdict. I did not get much information on all but the Amite County verdict. Here is what I know:

1. A $1.2 million verdict in Hinds County Circuit Court against Manhattan Nursing Home. I believe that Manhattan is in the Tara Cares System. Manhattan has a long tradition of being a bad nursing home dating back at least a decade to when it was in the Beverly system. Howard Thigpen of Morgan & Morgan represented the plaintiff. Barry Ford, Davis Frye and Brad Moody of Baker Donelson represented the defendant. Judge Tommie Green presided. This verdict will presumably be reversed due to the caps.
2. A $1.0–plus million verdict in Rankin County in a medical malpractice trial. I believe that the doctor got a defense verdict and the hospital was found liable. I don't know anymore about this verdict.
3.  A $125,000 verdict in Amite County against Farm Bureau Insurance. The case involved a dispute between former agent Alinda White and Farm Bureau based on Farm Bureau implementing sales quotas. Mitch Tyner of the Tyner Law Firm in Jackson represented the plaintiff. Dale Russell and Ellen Robb of Copeland Cook in Ridgeland represented Farm Bureau. Judge Al Johnson presided.

There was also a medical malpractice trial taking place in Pike County last week before Judge Mike Taylor. I do not know whether there has been a verdict.

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On Saturday a Hinds County jury returned a $750,000 verdict in a nursing home case involving Manhattan Nursing and Rehab. Center in Jackson. I believe that Manhattan is part of the Tara Cares chain. All the damages were non-economic damages.

The case was a wrongful death case involving Mannie Williams, aged 87. Ms. Williams fell and suffered a fractured pelvis at home. She went to Manhattan for short term rehab. with a plan to return home. While in the nursing home, she suffered multiple pressure sores, also known as bed sores. The pressure sores included a stage IV sacral (tailbone area) wound that became infected and caused Ms. Williams' death.  

Stage IV pressure sores are serious injuries. If you doubt the severity of a stage IV sacral pressure sore, go to google images and search “stage iv sacral pressure sore.” But don't do it right after a meal. Wikipedia has a good explanation of pressure sores here. Pressure sores are usually preventable with regular turning.

The case was tried before Judge William Gowan. The trial started on Wednesday and ended on Saturday.

Eric Stracener and Andrew Neely of Jackson and Jake Adams of Brandon represented the plaintiff.

Davis Frye, Barry Ford and Brad Moody with Baker Donelson in Jackson represented the defendant. 

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A Hinds County jury returned a defense verdict on Friday in a nursing home case.

The case involved the alleged wrongful death of a 92–year old resident of Manhattan Nursing and Rehabilitation Center in Jackson. The woman suffered from pressure sores with infection and sepsis, dehydration and malnutrition.

The jury returned a 10–2 defense verdict after a one week trial.

Barry Ford, Davis Frye and Brad Moody with Baker Donelson in Jackson represented the Defendant.

Trae Sims of Canton represented the Plaintiff.

Judge Bill Gowan was the trial judge.

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The Brian Cole verdict against Ford Motor Co. is on the front page of today's Clarion-Ledger. Here is the article. A Ford spokesperson is quoted in the article as saying that the trial was unfair.

Judge Billy Joe Landrum was the trial judge and he conducted the trial in Laurel with a Paulding jury. The article identifies Tab Turner from Arkansas as the lead plaintiff lawyer. Barry Ford and Bill Jones of Baker Donelson in Jackson defended the case with Ford's national roll-over counsel. I am not a fan of the national defense counsel model in Mississippi, but I'll save that discussion for another day.  

The verdict was $131 million for Cole (who died) and $1.5 for the passenger of the Ford Explorer (Cole's cousin who survived). The two were in a roll-over accident on I-10 in Florida. Yea, I know: what was the trial doing with a Paulding jury? There was a venue hook somehow.

Yesterday after the verdict came down I received  numerous reports on it that placed the verdict range from $130 million to $235 million. A Ridgeland attorney with absolutely no connection to the case or involved law firms was the only person to provide the exact correct breakdown of the verdict.

The case settled before entering the punitive damages phase. Ford is getting second guessed for settling the case, but I don't have a problem with it conceptually. Since I do not know the amount of the settlement, I can only comment in general terms.

First, a punitive verdict in the case could have easily been over $100 million in addition to the compensatory verdict.

Second, this was the third trial. Ford has probably already spent $30-$50 million in defense costs and expenses. The result of a winning appeal would likely be the chance to try the case again, presumably before the same judge and another Paulding jury. Ford's cost for the appeal and re-trying the case would likely be in the $5-$10 million range. 

So if the Plaintiffs discounted the verdict to settle the case,  Ford might have felt that settlement was the best business decision. 

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A Pike County Circuit Court jury returned a plaintiff's verdict for $25,000 on Thursday in a nursing home case. The defendant was a Tara Cares owned nursing home.

Eric Stacener and Andrew Neely of Jackson represented the plaintiff. Davis Frye, Brad Smith and Barry Ford with Baker Donelson in Jackson represented the defendant. Judge Mike Taylor presided over the trial.

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The Clarion-Ledger reports today on a $19 million jury verdict rendered yesterday in Hinds County against Chevron. The five plaintiffs claimed that exposure to leaded gasoline fumes at a building where they worked caused their children to be born with disabilities. The case was a Jefferson County case in which venue was transferred to Hinds County.

The C-L article explains:

All the women were pregnant when they worked in the old Jefferson County office building in Fayette, which previously was a gas station affiliated with Texaco Inc.

The women sued Texaco, which merged with Chevron Corp. in 2001, saying they were exposed to leaded gasoline fumes from tanks left in the ground when the former gas station was renovated.

Loraine Simon's 20-year-old daughter, Rosalyn, is severely mentally disabled, and the children of the other women suffer from respiratory conditions and learning disabilities.

After the two-week trial, the jury awarded Simon, the lead plaintiff, $15 million.

The trial was moved from Jefferson County to Hinds County on a change of venue request by Texaco because the women were known or worked in the county.

Chevron will appeal:

"Texaco intends to appeal today's verdict, which we believe is contrary to the evidence and law," Texaco attorney Bill Jones III said. "Texaco never owned, operated or controlled the service station or the underground storage tanks at issue. We believe there is no evidence that in any way links Texaco to claims made by plaintiffs."

Dennis Sweet tried the case for the plaintiffs. I do not know who worked up the case. Bill Jones and Barry Ford from Baker Donelson tried the case for Chevron. They have tried a lot of cases in the last ten years and have rarely lost. I was very surprised to hear that they defended a case with that high of a verdict. Judge Lamar Pickard was the trial judge.

I know very little about the case other than what is in the newspaper. But it seems like the verdict will be hard to keep on appeal. Chevron, Exxon, Shell, etc. do not own the gas stations where their gas is sold. The same applies for many businesses that operate under franchise or license agreements. In those situations, the franchisor/ licensor is typically not legally responsible for something that occurs on the premises. Perhaps something was different about this case—perhaps not. If not, this could be a reversed and rendered decision on appeal.

Another question is whether the verdict is subject to Mississippi’s tort reform caps. The article suggests not when it says that the women originally sued Texaco, which merged with Chevron in 2001. This suggests that the case was filed before tort reform laws passed.

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Last week I reported a hung jury in a Jones County Ford Motor Co. trial. The case was actually tried in the Paulding district of Jasper County. Jones County Circuit Judge Billy Joe Landrum presided over the trial because Judge Robert Evans recused himself from the case.

This was the second trial for this case. The first trial was in 2004 and resulted in a mistrial for one of the two plaintiffs and a hung jury for the other.

The basis for the case was the 2001 Ford Explorer accident that resulted in the death of professional baseball prospect Brian Cole of Meridian. Here is a New York Times article about Cole following the accident. Cole was considered the New York Mets’ third best major league prospect at the time of the accident and played for the club’s double-A minor league affiliate.

In the lawsuit, the plaintiff based Cole’s lost wages on the assumption that Cole would have been a regular all-star in the majors—a questionable assumption based on Cole’s minor league statistics. The plaintiffs asked for $140 million in damages.

The case was originally tried in 2004 for three weeks with Judge Evans presiding. Plaintiff lawyers included Wayne Ferrell, Jim Nobles and Texas lawyers.

For the 2010 re-trial, plaintiffs added Tab Turner to the attorney roster. Both sides had many attorneys in the courtroom. The second trial lasted two weeks and resulted in a hung jury for both of the two plaintiffs.

Barry Ford and other Baker Donelson lawyers were involved in both trials on the defense side. Ford typically also brings in out-of-state lawyers to try cases in Mississippi.

It would not be surprising to see this case tried for a third time. The plaintiffs probably have expenses in the case in the six-figure range, which will make settlement difficult. In addition, Ford is not afraid to try cases in tough jurisdictions like Paulding.

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A Tunica County jury failed to reach a verdict after deliberating into the early morning hours Saturday in a products liability case against Ford Motor Co., resulting in a mistrial.

Unfortunately, I do not know much about the alleged defect. I believe the case involved a vehicle catching on fire after a crash.

The trial judge had a capital murder trial starting on Monday, resulting in the jury having to deliberate late into the night Friday before the mistrial was declared.  

Plaintiff’s attorneys were Ralph Chapman and Dennis Sweet. Ford’s lawyers included Barry Ford and Robert Walker from Baker Donelson and out-of-state lawyers.

This follows Ford’s defense verdict in Jefferson County in October.

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No, that's not a typo. Ford Motor Co. got a defense verdict in Jefferson County today at the conclusion of a two week trial.  

 The plaintiff was a passenger who was paralyzed in a roll-over of a Ford Explorer that was pulling a trailer. The driver of the Explorer passed out from hypoglycemia and ran off the road. Plaintiff's defect allegation was instability of the vehicle and that the seat belt did not work properly. The plaintiff asked for $9.5 million in closing.  

Barry Ford, Bill Jones and Everett White at Baker Donelson were among a team of lawyers representing Ford. Plaintiff's counsel were lawyers from South Carolina and New Orleans. Plaintiff had Deborah McDonald as local counsel, but it's my understanding that she was not brought in until shortly before trial.