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: Mississippi Court of Appeals

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Miss. Court of Appeals Reverses $1 Million Verdict in Hinds County Premises Liability Trial

Posted in Appellate Decisions From Jury Verdicts, Hinds County Circuit Court, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals reversed and remanded a 2009 $1 million Hinds County premises liability verdict in Wackenhut v. Fortune. Here is my December 2009 post on the verdict. This was the case where the plaintiff was a homeless man who got into it with the manager and security guard at the McDonald’s on Highway… Continue Reading

Miss. Court of Appeals Affirms Defense Verdict in Toyota Motor Vehicle Products Liability Case

Posted in Hinds County Circuit Court, Mississippi Court of Appeals
Last week the Miss. Court of Appeals affirmed a 2008 Hinds County defense verdict in Clark v. Toyota Motor Sales. Here is the Court’s opinion.  The basis of the case was a 2001 auto-accident in DeSoto County involving a Toyota truck. Part of the appeal centered on Toyota’s exemplar truck that Judge Winston Kidd allowed jurors to view in front of… Continue Reading

$4.6 Million Med-Mal Verdict Settled Before Court of Appeals Affirmed Verdict

Posted in Mississippi Court of Appeals
Last week I wrote about the Mississippi Court of Appeals affirming a $4,691,000 verdict against Baptist Hospital in a wrongful death case. I later heard that the case actually settled a few weeks before the Court issued its opinion. It’s my understanding that the case settled for an amount in the neighborhood of $2.8 million.… Continue Reading

Chancellor Gene Fair Appointed to Court of Appeals

Posted in Mississippi Court of Appeals, Politics in Mississippi
Gov. Barbour appointed Chancellor Gene Fair of Hattiesburg to the Mississippi Court of Appeals on Wednesday to fill the term of the retiring Judge William Meyers. Here is the Clarion-Ledger article on the appointment. Judge Fair has served as a chancellor since 2007 of the district that covers Forrest, Lamar, Marion, Pearl River and Perry… Continue Reading

Mississippi Court of Appeals Affirms $4,691,000 Jury Verdict Against Baptist Hospital in Wrongful Death Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $4.6 million Hinds County jury verdict in Miss. Baptist Health Systems v. Kelly. Here is the Court’s opinion. This was the appeal of a 2009 trial that I wrote about in this 2009 post. This was a pre-tort reform cap case. Ellen Kelly died as a… Continue Reading

Judicial Appointments Advisory Committee Should Accept Applications from Scanners

Posted in Legal Technology, Mississippi Court of Appeals, Politics in Mississippi
Judge Primeaux’s blog has the story this morning about Court of Appeals Judge William Myers resigning effective December 31, 2011: COA Judge William Myers has submitted his resignation, effective December 31, 2011. The replacement appointee will be from the district comprising Forrest, George, Greene, Hancock, Harrison, Jackson, Lamar, Pearl River, Perry, Stone and parts of… 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

Miss. Ct. of Appeals Affirms Default Judgement for Incorrect Interrogatory Response

Posted in Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals issued a controversial decision in City of Jackson v. Rhaly. Here is the Court’s opinion. Facts: The case was a lawsuit against the City for flood damages after a creek overflowed because it was not properly maintained. In interrogatory responses the plaintiffs requested any standard operating procedures which… 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

Step 1: Appoint Judge Leslie King to Supreme Court…….Check

Posted in Mississippi Court of Appeals, Mississippi Supreme Court, Politics in Mississippi
Governor Barbour’s appointment yesterday of Court of Appeals Chief Judge Leslie King to replace Justice James Graves on the Supreme Court was anticlimactic. It’s a bit like hiring an assistant coach on your current staff to replace your head football coach. It may be the best move, but it’s not very exciting for the fan base.… Continue Reading

Miss. Court of Appeals Rules that it’s Not Cheating if you Don’t Get Caught

Posted in Alienation of Affection Lawsuits, Mississippi Court of Appeals
The Miss. Court of Appeals settled an age old question last week: it’s not cheating if you don’t get caught(within 3 years)—at least not when it comes to getting sued. Here is the Court’s opinion in Cheated on vs. Dude Who Cheated with Spouse. Facts: Yep. It’s another alienation of affection case. The relevant facts… Continue Reading

Graves to 5th Circuit– Who is Next Miss. Supreme Court Justice?

Posted in 5th Circuit Court of Appeals, Mississippi Court of Appeals, Mississippi Supreme Court, National Politics, Politics in Mississippi
With the U.S. Senate approving Justice James Graves’ appointment to the 5th Circuit Court of Appeals on Monday, attention turns to who Governor Barbour will appoint to replace Graves on the Miss. Supreme Court. I posted on this issue in this post last June. I’ve had lines in the water for weeks on this issue and do… Continue Reading

Cheap Shots in Trial are OK?

Posted in Mississippi Court of Appeals
The Court of Appeals concluded 2010 with a decision that bothers me. Here is the Court’s opinion in Triplett v. River Region Medical Corp. Facts: This was a Warren County medical malpractice case against a hospital, doctor and CRNA. River Region got out on summary judgment and the case was tried in May 2008 before Judge Frank… Continue Reading

Army Vet Kelly Mims Opposing Judge Donna Barnes for Court of Appeals

Posted in Mississippi Court of Appeals, Politics in Mississippi
Tupelo lawyer Kelly Mims is challenging Judge Donna Barnes for her Mississippi Court of Appeals post for the Northern District. Judge Barnes has held the position since 2004. Here is Mims’ campaign website. Mims is a 2000 graduate of the University of Mississippi School of Law. He has worked as a Lee County Public Defender and appears… 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

Court of Appeals Rejects Latest Lack of Pre-suit Notice Argument

Posted in Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals reversed the Circuit Court of Harrison County’s dismissal of a lawsuit against two physicians for failure to comply with the pre-suit notice statute: Miss. Code Ann. 15–1–36(15). Here is the Court’s opinion in Hans v. Memorial Hospital. The relevant facts were as follows: April 2006:           alleged negligent… 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

NMC Refutes Clarion-Ledger Statement About DeLaughter’s Reversal Rate

Posted in Mississippi Court of Appeals, Mississippi Supreme Court
The Saturday Clarion-Ledger was legal themed with three articles covering legal issues. There was this article about Big Law paying would-be associates to perform public interest work instead of starting work at the firm, which doesn’t have work for new associates due to the recession. These are great programs for several reasons. Money starved non-profits… 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