Miss. Supreme Court Affirms Defense Verdict Against Meth Cook

On Thursday the Miss. Supreme Court affirmed a 2008 Bolivar County defense verdict in Utz v. Running and Rolling Trucking Inc. Here is the Court’s opinion.

The case is noteworthy for its facts. It involved the 2003 death of Preston Utz when he rear-ended an 18–wheeler on Highway 61 in Bolivar County. The decedent had been awake for days at the time of the collision from cooking and smoking crystal meth. Talk about a bad plaintiff. The jury determined that any negligence on the defendant’s part was not a proximate cause of the accident.

The plaintiff raised forty-two (42) issues on appeal. The result was a 58–page opinion even though the decision was unanimous.

Justice Chandler wrote the Court's opinion. Chief Justice Waller and Justice Dickinson did not participate. Jason Strong and Steve Hazzard with Daniel Coker represented the defendant. Ashley Ogden and Wendy Yuan of Jackson represented the plaintiff.

Some lawyers believe that an appeal should be limited to a few issues. Others believe in identifying as many issues as possible. In recent years, I have heard at least one Mississippi Supreme Court Justice encourage lawyers to raise all potential issues on appeal. But in this case, it didn’t help and the Court affirmed the verdict. It will be interesting to see if forty-two appeal issues is a trend in civil cases.

Update: $1 Million Verdict in Hinds County McDonald's Premises Liability Case

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.