Here is a preview of the December 2019 issue of the Miss. Jury Verdict Reporter:

• $1,007,700 verdict- Chickasaw County truck negligence case (8/30/19);
• $100,000 verdict- Lee County employment retaliation case covered here (11/21/19);
• $3,500 verdict- Forrest County car wreck case (8/7/19);
• directed verdict- Lamar County employment retaliation case; (11/14/19);
• defense verdict- Harrison County medical malpractice case (10/17/19);
• defense verdict- Jackson County embezzlement case (10/15/19; and
• defense verdict- Rankin County medical malpractice case (11/10/19).

My Take:

Several of the cases were actually a lot more interesting than they sound.

As a reminder, because this confuses a lot of people, I do not publish or have any affiliation with the Mississippi Jury Verdict Reporter.

On November 21, 2019, a Lee County jury returned a $100,000 verdict in Walters v. Brandi’s Hope Community Services, LLC.

The jury found BHCS fired Plaintiff Heather Walters for reporting abuse of a patient. As an aside, state law requires health care workers to report suspected patient abuse.

The jury also found Defendant Danny Cowart maliciously interfered with Walters’ employment.

The jury awarded Walters $100,000 in damages.

Jim Waide and Rachel Pierce Waide of Waide & Associates in Tupelo represented Walters.

Mark Halbert of Phelps Dunbar in Tupelo represented Defendants.

Circuit Judge James D. Moore presided.

Here is a preview of the November 2019 issue of the Miss. Jury Verdict Reporter:

• $4 million verdict- Jones County medical malpractice case (10/18/19);
• $1.5 million verdict- Jackson County truck negligence case covered here (10/30/19);
• $226,000 verdict- Hinds County car wreck case covered here (10/9/19);
• $50,000 verdict- Marion County assault case (10/10/19);
• $40,000 verdict- Jones County uninsured motorist case (9/25/19);
• $26,500 verdict- DeSoto County car wreck case (9/30/19); and
• defense verdict- Rankin County medical malpractice case (10/11/19).

My Take:

Tough month for defendants.

Congratulations to Rae Turner of Hattiesburg for the huge Jones County verdict. Sounds like an interesting case.

On Wednesday a Jackson County jury rendered a $1.5 million verdict in Warren v. Hernandez.

This was a car/tractor trailer case. Ms. Warren alleged she was making a right turn off Highway 63 south of the intersection with I-10 to go to the Exxon station. She was stopped in the turn lane waiting for the light to turn. She saw the defendant’s 18 wheeler approaching behind her in her rearview mirror when he attempted to pull around her. When he did so, the driver failed to make a wide enough turn, and the trailer hit Ms. Warren’s vehicle.

The driver of the 18 wheeler testified he was first in line, waiting at the traffic signal in the turn lane. After it turned green, he made his right turn. As he was doing so, the truck driver alleged that Ms. Warren’s vehicle must have come up behind his trailer and ran into the back portion of his trailer or was attempting to pass him on the shoulder. Liability was disputed.

Ms. Warren suffered major neck injuries, leading to fusions at two levels, and a disk replacement. She also had a partial tear of her left rotator cuff. Finally, Ms. Warren suffered severe headaches and was diagnosed with occipital neuralgia.

Warren had $359,000 in medical bills. A treating physician indicated she would need expensive injections. Causation was disputed based upon her allegedly not complaining to her doctors of neck and shoulder pain until several months after the accident.

After deliberating two and half hours, the jury rendered a verdict of $500,000 for Warren’s pain and suffering and mental and emotional distress and $1 million in economic damages.

Tedd Connell and Charlie Merkel with Merkel & Cocke in Clarksdale represented Warren.

Kristi Rodgers Brown and Ryne Hand with Daniel Coker represented Defendant.

Circuit Judge Kathy King Jackson presided.

Here is a preview of the October 2019 issue of the Miss. Jury Verdict Reporter:

• $2,107,351 verdict- Harrison County medical malpractice case covered here (9/6/19);
• $300,000 verdict- Harrison County underinsured motorist case (8/26/19);
• $30,000 verdict- DeSoto County real estate agent negligence case (9/6/19);
• directed verdict- Hinds County premises liability case (9/4/19);
• defense verdict- Jones County workplace negligence case (9/26/19); and
• defense verdict- Jackson County roadway negligence case (7/19/19).

My Take:

You see the filings. You see the verdict reports. And you wonder: how can there still be so many people making a living practicing law in Mississippi?

On September 6, 2019, a Harrison County jury in Gulfport returned a plaintiff verdict totaling $2,107,351 in Foote v. Burwell.

Dr. Dudley Burwell replaced plaintiff’s hip at Memorial Hospital in Gulfport. Plaintiff suffered an injury to his left illiac vein during the operation. Plaintiff alleged Burwell used a screw that was too long.

Burwell consulted a vascular surgeon (Dr. Graham) during the surgery. They decided to complete the surgery. Plaintiff’s condition worsened and Dr. Graham performed a repair surgery the same day.

Plaintiff endured a lengthy recovery that included renal failure.

Plaintiff’s theory was Dr. Burwell was liable for the surgical error and Dr. Graham was responsible for not performing a repair before Burwell closed.

Dr. Burwell argued it was a surgical complication. Dr. Graham contended he acted reasonably. The jury found for the plaintiff and apportioned 75% fault to Burwell and 25% to Graham. Here is the jury’s verdict.

The jury assessed the following damages:

• $994,000 – pain and suffering (subject to $500,000 cap).
• $880,074- past medicals
• $107,508 – lost wages
• $125,769- future disability or impairment.

Dr. Graham worked for the hospital, so the claim against him fell under the Tort Claims Act and was advisory only. On September 18 the Court entered judgment against Dr. Burwell for $1,210,013. Here is the Judgment.

Joe Sam Owen of Owen, Galloway and Meyers in Gulfport represented the plaintiff. William Whitfield and Kaara Lind of Copeland Cook in Gulfport represented Dr. Burwell. Roland Samson represented Dr. Graham.

Circuit Judge Lawrence Bourgeois presided.

Thanks to the Mississippi Jury Verdict Reporter for telling me about this verdict.

My Take:

I can’t imagine what it was like to wake up from hip replacement surgery and not only were things not better, they were worse. This makes me feel better about my decision to have my hip replacement at the Mayo Clinic in Minnesota.

Not only was my doctor top-notch, but the hospital care exceeded what I’ve seen in Mississippi. When I rang the call button, a real nurse walked in my room immediately. In a Mississippi hospital, it would have sounded like I had been connected via speaker to the drive-thru at Wendy’s and I might not see someone for 15 minutes.

A $500,000 pain and suffering cap on an injury with $880,000 in past medicals seems unfair. It’s been 17 years since the caps were enacted, but there has been no adjustment for inflation. So basically, the caps get lower every year. I expect the legislature to address this issue at around a quarter to never.

Here is a preview of the September 2019 issue of the Miss. Jury Verdict Reporter:

• $3.5 million verdict- Harrison County truck negligence case covered here (8/20/19);
• $625,000 verdict- Yazoo County truck negligence case (7/16/19);
• $186,400 verdict- Neshoba County workplace negligence case (7/3/19);
• $2,500, $2,500 verdicts- Pike County car wreck case (7/24/19);
• defense verdict- Hattiesburg federal court employment retaliation case (8/21/19); and
• defense verdict- DeSoto County car wreck case (8/6/19).

My Take:

Based on the info. in the reporter, I give the plaintiffs an overall record of 2-2-2 in these six trials. The wins were the Yazoo and Neshoba verdicts. You can figure out the rest.

On August 16, 2019 a Harrison County jury in Gulfport rendered a $3.5 million verdict in Gonzales v. Coastal Industrial Contractors Inc.

Here is a Sun Herald article on the verdict. It states:

A Gulfport jury recently awarded $3.5 million to 41-year-old Leighann Gonzalez of Biloxi, who suffered life-altering injuries when a truck driver ran a stop sign in June 2017 and slammed an 18-wheeler into her car.

Coastal Industrial Contractors Inc. of Biloxi owned the truck and assumed liability, leaving the jury to determine the amount of damages.

Plaintiffs asked for $5.7 million at trial. I have an unconfirmed report the verdict was in the same ballpark as the last settlement offer, but a bit lower.

Former Supreme Court Justice Chuck McRae of Jackson and Michele Biegel of Long Beach represented the plaintiff. It was Biegel’s first just trial.

Mathew Williams of Galloway Johnson represented the Defendant. Circuit Judge Christopher Schmidt presided.

My Take:

Sounds like it was close to a tie, which is common in car wreck trials– except here, there were two more zeroes than in most trials.

I remember winning my first jury trial. Confidence wise, it was the high water mark of my career. I naturally assumed I would never lose. Now, 23 years later, I wonder how I ever won a trial and whether I’ll ever win again.

Experience is valuable in the legal profession. But it’s hell on a cocky young lawyer’s confidence.

Here is a preview of the August 2019 issue of the Miss. Jury Verdict Reporter:

• $1,379,898 verdict- Madison County roofing negligence case (7/17/19);
• $450,899 verdict- Harrison County car wreck case (7/31/19);
• $100,000 bench verdict- Hinds County premises liability case (8/2/19);
• $2,652 and $2,020 verdicts- DeSoto County car wreck case (8/5/19);
• $5,000, $3,000 and $1,700 verdicts with 5% fault to Defendant- Hattiesburg federal court truck negligence case (7/31/19);
• defense verdict- Rankin County premises liability case (7/17/19); and
• defense verdict- Jackson County medical malpractice case (5/24/19).

My Take:

The first three look like plaintiff wins.

Here is a preview of the July 2019 issue of the Miss. Jury Verdict Reporter:

• $1.5 million verdict- Lamar County breach of contract case covered here (6/5/19);
• $150,000 bench verdict- Clay County legal malpractice case (6/24/19);
• $30,000 verdict- Hinds County car wreck case covered here (6/20/19);
• $18,990 verdict- Hinds County breach of contract case (5/21/19);
• defense verdict- Benton County funeral home negligence case (5/31/19); and
• defense verdict- Oxford federal court employment retaliation case (6/12/19).

My Take:

Lamar County is the jackpot justice venue and Hinds County is the venue for low plaintiff PI verdicts? Wow, things changed while I was out of town this summer.