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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Here is all the information that I've been able to obtain on the recent jury verdict in Pearl River County.

Reportedly, there were 12 plaintiffs. The defendant was Mitchell Crane Services. The case involved personal injuries sustained in 1999. But I do not know what kind of case it was. The trial was bifurcated. The liability phase was tried in 2005.

A couple of weeks ago, a jury awarded total damages of $2.3 million in the damages phase. The largest amount was $1.3 million and went to a woman with $755,000 in medical expenses. Two other plaintiffs were awarded less than $2,600.

Mitch Tyner of Jackson represented the plaintiffs. Bill Whitfield with Copeland Cook's Gulfport office represented the defendant.

My Take:

Not enough information here for me to have a take on the case, so I'll reminisce about Pearl River County.

A community South of Poplarville called Derby was like a second home to me growing up. My parents were from there and both sets of my grand-parents lived there.

Probably my earliest memory as a child are a few snippets from riding out Hurricane Camille in the Derby Baptist Church.

When I was a young child, it was a big deal to get to go to “town” (Poplarville). This was back before the influx of people from Louisiana into Pearl River County. It was small, very rural and very conservative. It has a different feel today, even though I suspect that it is still very conservative. 

It does not seem that long ago. But now, both my parents and all four grandparents are gone and buried in Poplarville cemeteries. The only time that I go to Poplarville now is for funerals or to visit the cemetery.

I have always wanted to try a case in the Pearl River County Courthouse in Poplarville. At this stage of my life, it would be an emotional experience for reasons not readily apparent to others in the courtroom.     

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Ashley Odgen has done it again. On Thursday a Hinds County jury awarded $1.5 million to Ogden's client who injured his hip in a fall at Bailey Lumber & Supply in Jackson.

Michael Baxter and Mason Montgomery of Copeland Cook defended the case. The trial judge was Judge Malcolm Harrison.

For a complete description of the case as provided by plaintiff's counsel, click here.

For information on other recent verdicts obtained by Ogden, click here.

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Last week in State v. Bayer Corp. the Mississippi Supreme Court revived the State’s lawsuit against Bayer for defrauding the state Medicaid program.  

As noted by Will Bardwell, the reversal was based on a technicality where the trial court considered evidence outside the pleadings without converting the  12(b)(6) motion to dismiss to a motion for summary judgment. The reasoning for the distinction is that if the court considers matters outside the pleadings, then the responding party has a right to notice and the opportunity to submit other evidence. It’s purely a procedural issue and it is possible for Bayer to still win the lawsuit for one of the reasons as before.

Justice Kitchens wrote the Court’s opinion. Chief Justice Waller concurred and Justice Dickinson joined in  the concurrence. The concurrence argues that there are occasions where the trial court can consider matters outside the pleadings, such as an insurance policy attached to the Complaint. The concurrence agreed that the exception did not apply in this case.

Governor Ronnie Musgrove and a cast of thousands from Copeland Cook represented the State. Michael Doss and a bunch of other lawyers from Watkins Eager represented Bayer.