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.

Tag Archives: premises liability

$3.1 Million Jury Verdict in Hinds County Premises Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Thursday a Hinds County Circuit Court jury returned a total verdict of $3,108,000 in Crogier v. Heritage Properties. $3 million of the verdict was for pain and suffering, so the total verdict will presumably be reduced to $1,108,000 in the judgment. The case involved a home invasion at an apartment complex in Jackson. Plaintiff… 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

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

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

Mississippi House of Representatives Passes Controversial Premises Liability Bill–Customers Beware!!

Posted in Politics in Mississippi
On Tuesday the Mississippi House of Representatives passed the controversial HB 836, which drastically changes Mississippi’s premises liability law. The title of the bill says it all: “The Landowner Protection Act.” The bill does not protect only landowners. It also protects the operator of a store located on the land. The bill’s purpose appears to be… Continue Reading

$112,000 Jury Verdict in Hinds County Premises Liability Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
Week before last a Hinds County jury awarded Amy Smith a little over $112,000 in her lawsuit against Kroger. Here is the Clarion-Ledger article on the verdict. Smith suffered injuries in a 2010 assault and robbery in the parking lot of the Kroger on I-55 in Jackson. Jackson attorney Ashley Ogden represented Smith. The jury… Continue Reading

$23 Million Hinds County Verdict Against Marriott and City of Jackson is on Thin Ice

Posted in Hinds County Circuit Court, Verdicts in Mississippi
The Clarion-Ledger reported this morning on a $23 million Hinds County jury verdict yesterday against  Marriott and the City of Jackson. According to the article: The key question the jury had to decide was whether West was acting as a police officer or was he acting as a security officer for Marriott when he shot… Continue Reading

Miss. Supreme Court Rules that Persons who Enter Business to Smoke Weed are Licensees–Not Invitees

Posted in Mississippi Supreme Court
On Thursday the Mississippi Supreme Court ruled in Doe v. Jameson Inn that people who enter a business premises to smoke pot are licensees rather than invitees. Here is the Court’s opinion. The case involved the rape of a thirteen year old at the Jameson Inn in Pearl. The girl left the adjacent Tinseltown movie theater… Continue Reading

More on the Double Quick and Rebelwood Apartments Decisions

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
Last week I posted about the Miss. S. Court’s reversal of two jury verdicts in premises liability cases. Here are my thoughts on the decisions. Lymas v. Double Quick This case was famous not for the underlying verdict, but because the plaintiff challenged the constitutionality of the damages caps on non-economic damages. The Court reversed… Continue Reading

Bad Day for Plaintiffs At Miss. S. Ct.– Court Saves Caps Question for Another Day

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
Saturday Update:  The title is a poor choice of words. People are interpreting it as meaning that the decisions were bad for plaintiffs in other cases. That is not what I meant. I meant that the decisions were bad for the plaintiffs in these cases. I did not mean that the decisions were anti-plaintiff or… Continue Reading

Ashley Ogden Gets $1.5 Million Jury Verdict in Hinds County Trip and Fall Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
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… Continue Reading

$900,000 Verdict Last Week in Hinds County Premises Liability Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
There was a jury verdict of $900,000 last week in the Hinds County Circuit Court in a premises liability case. The rumor around town this week has been that the verdict was for $2 million, but my investigation revealed a verdict of $900,000. Judge Malcolm Harrison was the trial judge. The plaintiffs were victims of armed… Continue Reading

$3.6 Million Verdict in Hinds County Premises Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
A Hinds County Circuit Court jury returned a $3.6 million verdict Friday in a premises liability case. Judge Winston Kidd was the trial judge.   The Plaintiffs were Benny Ohazurike, Esther Ohazurike, and Darlington Ohazurike (6 year old son). Plaintiff’s counsel were Ashley Ogden and former Chief Justice Jim Smith.     The Defendants were Parham Pointe South (owner),… Continue Reading

Biggest Question After Oral Argument in Double Quick v. Lymas is Whether Court Will Even Rule on Constitutionality of Tort Reform Caps

Posted in Mississippi Supreme Court, Politics in Mississippi, Tort Reform
The entire Mississippi Supreme Court heard oral arguments on Tuesday before a mostly full courtroom in the Double Quick v. Lymas case. Here is the Clarion-Ledger’s article on the hearing. The audience was not disappointed as the arguments were very interesting. Case Background The case is a premises liability case out of Humphrey County involving the shooting… Continue Reading

$ 3 Million Verdict in Federal Court Premises Liability Case

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
There are reports of Ashley Ogden obtaining another large verdict in a premises case, this one in federal court in Jackson. Here is the Complaint in Durr v. MBS Construction. The Plaintiff was shopping at the Target Store in Jackson in 2004 when a wall fell on her, causing severe injuries. MBS was performing construction… Continue Reading

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

Posted in Hinds County Circuit Court, Verdicts in Mississippi
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… Continue Reading

Dale Danks files premises liability/ wrongful death case

Posted in General
The Clarion-Ledger reported Sunday that former Jackson mayor Dale Danks filed a wrongful death premises liability case in the Circuit Court of Hinds County. The plaintiff is suing the owners of a South Jackson apartment complex where the plaintiff’s son lived and was killed by a robber with an assault rifle. The Complaint does not… Continue Reading