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.

Category Archives: Appellate Decisions From Jury Verdicts

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Miss. Supreme Court Reverses and Renders $3.72 Million Hinds County Jury Verdict Against Trustmark in Banking Dispute

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed and rendered a $3.72 million jury verdict in Trustmark National Bank v. Roxco Ltd. Here is the Court’s opinion. Facts: Roxco was the general contractor on several state construction contracts. State law requires 3% of the cost of construction to be retained to ensure completion, but allows the… Continue Reading

Miss. Supreme Court Reverses and Renders $7 million Lead Paint Verdict 4 Years After Reversing Trial Court’s Grant of Summary Judgment

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
The 2007 Supreme Court Decision: In June 2003, Jefferson County Circuit Court Judge Lamar Pickard granted Sherwin-Williams summary judgment in a lead paint case (Pollard v. Sherwin-Williams). The Mississippi Court of Appeals affirmed. But on February 15, 2007, the Miss. Supreme Court reversed and remanded the case for trial in a 5–4 decision. Here is the Court’s… Continue Reading

My Take on the Supreme Court’s Decision Affirming $4 million Premises Liability Verdict

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Supreme Court
That sound that you just heard was the jaws dropping of lawyers all over Mississippi in reaction to the Mississippi Supreme Court’s decision in InTown Lessee Associates v. Howard. The Court affirmed a total verdict of $4 million to two plaintiffs were were beaten and robbed at the InTown Suites on I-55 in Northeast Jackson.  Here are the key… Continue Reading

Miss. Supreme Court Reverses and Remands Rankin County Defense Verdict–Rules that Each Wrongful Death Beneficiary May Fully Participate in Trial

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court reversed and remanded a 2009 Rankin County defense verdict based on the trial court’s refusal to allow attorneys representing different wrongful death beneficiaries to separately question witnesses during trial. Here is the Court’s opinion in Dooley v. Byrd.  Facts: The case involved the death of two-year-old Jonathan Dooley, who was killed when the… Continue Reading

Miss. S. Court Reverses $2.5 Million Hinds County Jury Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed a $2.5 million Hinds County jury verdict against Deviney Construction Company. I reported the verdict two years ago in this post.  Here is the Court’s opinion. Facts: The plaintiff called two Deviney employees as witnesses early during plaintiff’s case in chief. Circuit Judge Tommie Green ruled that the defendants cold not… Continue Reading

Court of Appeals Reverses $130,000 Weiner Dog Attack Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
In a glorious victory for wiener dogs everywhere, on Tuesday a unanimous Mississippi Court of Appeals reversed and rendered a $130,000 Clay County jury verdict for the victim of a near-miss wiener dog attack. Here is the Court’s decision in Penny Pinchers v. Outlaw. I’m serious. That’s the name of the case. Facts: Sophie was a… Continue Reading

Supreme Court Revisits Court of Appeals Decision on Improper Closing Arguments, Daubert

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals, Mississippi Supreme Court
Last year I discussed the Court of Appeals decision in Denham v. Holmes in this post. The Court of appeals reversed a Lafayette County defense verdict due to issues related to Daubert, defense counsel’s closing arguments and jury instructions. On Thursday the Mississippi Supreme Court affirmed the Court of Appeals in this opinion. But the… Continue Reading

Miss. Supreme Court: Deposition Errata Sheet No Substitute for Formal Rule 26 Expert Supplementation

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday a unanimous Mississippi Supreme Court reversed a $4.5 million jury verdict and ordered a new trial in Hyundai Motor America v. Applewhite.  The decision involved a products liability case tried in the Circuit Court of Coahoma County. The plaintiffs were the beneficiaries of three persons killed in a car crash involving a 1993 Hyundai Excel. Plaintiffs alleged that… Continue Reading

Miss. S. Ct. Reverses $1.15 Million Jury Verdict in Lafayette County Medical Malpractice Trial

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Miss. Supreme Court reversed and rendered a Lafayette County jury verdict of $1,150,000 in Berry v. Patten. Here is the Court’s opinion. It was a medical malpractice case involving a death from complications of gastric-bypass surgery. It appears that the target defendant was an anesthesiologist who obtained a defense verdict at trial.… Continue Reading

Miss. S. Ct. Reverses $1.8 Million Jury Verdict in Welding Rod Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court reversed a $1,855,000 Copiah County jury verdict in a 7–2 decision in Lincoln Electric v. McLemore. Here is the Court’s opinion. Facts: This was a product liability failure to warn case involving a welder’s claim that exposure to welding fumes resulted in a neurological disease called manganism. The appeal… 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

Miss. Supreme Court Affirms Defense Verdict Against Meth Cook

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
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… Continue Reading

Court of Appeals Reverses Defense Verdict Due to Daubert, Closing Argument and Jury Instruction Issues

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
The Mississippi Court of Appeals issued an interesting opinion on Tuesday and reversed a trial court defense jury verdict in Denham v. Holmes. Here is the Court’s opinion. Presiding Judge Joseph Lee wrote the Court’s opinion. The decision was unanimous, but with several unexplained partial concurrences, which I will discuss later. Tommy Defer and Bobby Vance represented… Continue Reading

Miss. Court of Appeals Rules that a Party who Lost Motion in Limine Waives Objection by Mentioning the Evidence at Trial

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
In a 5–4 [correction: 4-5-1] decision in Wright v. Royal Carpet Services, the Mississippi Court of Appeals ruled on Tuesday that a party who loses a motion in limine waives their objection to the admission of the disputed evidence by being the first to refer to the evidence at trial. The case was an appeal from a defense… Continue Reading

Miss. Supreme Court Vacates Two Verdicts in One Case Due to Confused Jury

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court vacated two Jones County jury verdicts rendered in one trial in Gallagher Bassett Services, Inc. v. Malone and remanded the case for further proceedings. Here is the Court’s opinion. Justice Lamar wrote for the Court.  The case stemmed from Gary Malone’s right leg amputation two years after he suffered… Continue Reading

Miss. Supreme Court Affirms Hinds County Defense Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
The Supreme Court did not issue many opinions today, but did affirm a defense verdict in Solanki v. Ervin. The case was a car wreck case involving an accident on I-220 in Jackson that resulted in a death. A Hinds County jury returned a defense verdict in 2008 and the Supreme Court unanimously affirmed in a lengthy opinion… Continue Reading

Alienation of Affection Cause of Action Defined

Posted in Alienation of Affection Lawsuits, Appellate Decisions From Jury Verdicts, National Politics, Politics in Mississippi
The Leisha Pickering alienation of affection lawsuit is bringing attention to this little used cause of action. The theory is without question alive and well in Mississippi. In August 2008 the Mississippi Supreme Court issued its opinion in Pierce v. Cook, a case that involved claims for alienation of affection and intentional infliction of emotional… Continue Reading

Court of Appeals affirms jury verdict for Goodyear one week after affirming seperate verdict against Goodyear

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
Last week the Mississippi Court of Appeals affirmed a $2.1 million verdict against Goodyear Tire and Rubber Company in a defective tire case in Copiah County. The Associated Press later botched its analysis of the Court’s decision. This week a unanimous Court of Appeals affirmed a 2005 Washington County jury verdict in favor of Goodyear in Oliver… Continue Reading

Miss. Supreme Court Affirms Two Jury Verdicts

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court affirmed two jury verdicts. The first was Young v. Guild, which was a medical malpractice case against a psychiatrist. The plaintiff alleged that the defendant was negligent in failing to prevent the suicide of one of his patients. In 2004 a jury in the Circuit Court of Yazoo County… Continue Reading

Associated Press misstates Court of Appeals’ Ruling in Defective Tire Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
The Clarion-Ledger website contains the A.P. story on the $2.1 million verdict against Goodyear Tire and Rubber Co. that I discussed in an earlier post. While the AP correctly stated the facts of the case, it misstated the ruling of the Mississippi Court of Appeals. The statement that I have trouble with is the following: The young… Continue Reading

Court of Appeals affirms $2.1 million defective tire verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $2.1 million Copiah County Circuit Court jury verdict in favor of three plaintiffs against Goodyear Tire and Rubber Company. Judge Forrest Johnson presided over the trial because Judge Lamar Pickard recused himself from the case. Judge King wrote the majority opinion, which was fifty-six pages long.… Continue Reading

Miss. S. Ct. affirms $6.9 million judgment

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court affirmed a $6,925,000 judgment against Franklin Corporation, which is a furniture manufacturer. $5 million of the verdict was for punitive damages. Here is the opinion and the Clarion-Ledger article reporting the decision. The initial Ledger article incorrectly states that the judgment was for $3.76 million. Justice Randolph wrote for the Court, with Justices Graves and Dickinson… Continue Reading