Published 1-31-23

Report concludes juvenile justice harsher in Louisiana after an LSU football loss

We're looking over to Louisiana for an interesting report today. Academics studied juvenile justice outcomes in Louisiana after an LSU football loss (when LSU was favored to win) and concluded it was much harsher especially when the judges had undergraduate degrees from LSU.

But to be fair to some of these judges, LSU football is VERY important to them. I wonder what a study would suggest about Ole Miss?

The Report (external link)



Published 1-18-23

Corrected Report on Med Mal from Rankin County, Mitosinka v. Mohamad

In the January issue, 14 MsJVR 1, we reported on the medical malpractice case from Mitosinka v. Mohamad from Rankin County.

A correction is in order. In studying the case we missed a key fact, namely that the defendant (Mohamad) was not informed of the results of a key blood test. A corrected version of the story is below.

Published 1-11-2023

Mississippi Court of Appeals affirms summary judgment in negligence case from Harrison County on 1-10-23

Plaintiff, a trucker, struck an awning on a cooking trailer at 10:30 a.m. on 5-30-19 that extended into the street in Gulfport. Plaintiff suffered cuts when the awning struck the truck's sideview mirror. Beau Rivage, the casino resort, owned the trailer and had used it a few days earlier for a fundraiser. There was proof the awning was closed an hour before the incident. The trial judge (Lisa Dodson) granted summary judgment to Beau Rivage finding there was no proof it had notice of the change in the awning's condition from 9:30 a.m. to 10:30 a.m. when the incident occurred.

Plaintiff appealed and argued the awning was under Beau Rivage's control and the burden shifted to Beau Rivage to explain the matter. The Court of Appeals (Wilson writing) rejected that argument and sided with the trial court that there was no proof Beau Rivage had done anything in the intervening hour. Summary judgment affirmed.

James Wetzel and Garner Wetzel for the plaintiff

Richard Sliman (Butler Snow) for Beau Rivage

Evilsizer v. Beau Rivage (external link to the opinion)

Published 1-5-23

Updating the $2,000,000 Tovar Trucking Verdict from Hinds County

You will recall a $2,000,000 trucking verdict in Hinds County on 12-1-22. Plaintiff complained of a lumbar disc injury imposed on a pre-existing injury. The jury awarded non-economic damages of $1,184,022. The final judgment was for $2,000,000 and there was no reduction for Mississippi's damage scheme. The $1,184,022 was not reduced in that judgment by the presiding Judge Winston Kidd.

The defendant has since moved for a new trial and cited error by the trial court in excluding proof of the plaintiff's recent worker's compensation claim among other errors. The defense lawyer is Donna Meehan of Cosmich Simmons & Brown, Jackson. Rocky Wilkins and William Graves (Morgan & Morgan) for the plaintiff.

Read the defense motion (pending) and the plaintiff rsponse below. The full verdict report will be in the January 2023 edition, 14 MsJVR 1.

Defense Motion for a New Trial

The Plaintiff Response to the Motion for a New Trial

Published 1-4-23

Court of Appeals affirms negligence bench trial defense verdict from Jackson County

Happy New Year. The Court of Appeals issued an opinion yesterday affirming a bench trial defense verdict in a negligence case from Jackson County. The elderly plaintiff fell when being picked up by a Singing River Hospital transport van. Judge Jackson had written that sometimes accidents happen and no one is at fault. Plaintiff alleged assorted errors including not holding the defendant to the higher "common carrier" standard.

The trial judge was Judge Jackson. Judge Greenlee wrote the appellate opinion affirming the trial court.

Ryan Canon for the plaintiff -- Brett Williams for the hospital.

The Court of Appeals Opinion (external link)

Published 12-19-2022

Med Mal Numbers from 2022 in Mississippi and Beyond

This morning we are looking at Med Mal numbers from 2022 (and cumulatively) not just in Mississippi but in several of the jurisdictions where we report verdicts.
Let's look at Mississippi first.

In 2022 we chronicled 13 med mal results in Mississippi. Plaintiff won 3 of 13 (3-10 or a 23.0% win rate. How does that compare to the 12-year total in Mississippi across 204 verdicts.
The 12-year totals are:
Plaintiffs have won 47 of 204 (47-157, 23.0% win rate.
What is interesting is the 2022 numbers are exactly the same. 23.0%.

What about Tennessee? The 2022 numbers were grim for plaintiffs. Ten verdicts. Ten defense verdicts. The 18-year numbers in Tennessee are:

80-313 (393 results) for a 20.3% win rate.

Finally let's look to Kentucky where we go back 25 years.

In 2022 plaintiffs in Kentucky had their best year ever. They won 12 of 29 cases (a 41.3% win rate) and took average verdicts of $3.572,132!

This compares to the 25-year win rate, 257-897 (257 out of 1154) for a 22.2% win rate.

We will have all the details on this subject (medical malpractice) and everything else in the 12th edition of the Year in Review.

Order the 2022 Year in Review (12th edition)(link to the online store). Use code Miss2022 to save 25% before 12-31-2022.

Published 12-17-2022

Verdict Updates

We're taking a quick look at two recent verdicts. The first is a med mal from Rankin County. Plaintiff, age 50, went to the ER with shortness of breath and was admitted. There was a concern for pulmonary embolus and he was giving coagulants. He then suffered a fall in the hospital and a resulting bleed. By the time the bleed was discovered and blood ordered, the plaintiff had coded. He essentially bled to death -- exsanguination.

Plaintiff alleged error by a variety of defendants (settled with hospitalist and hospital) and advanced to trial against cardiologist. Defense verdict returned on 12-1-22. Walter Morrison had the plaintiff. Whitman B. Johnson, III led the defense.

The second case was from Tupelo. Two plaintiffs complained of soft-tissue injuries after a right-of way crash. It was a hard hit. The jury awarded the plaintiffs just their medical bills ($6,193 and $7,828) and nothing more. Fault 80% to plaintiff and 20% to driver.

Plaintiffs have contested the damage award in a motion for a new trial and argued the jury was sympathetic to the defendant who was described (see below) as a "very cute young lady." The motion is pending in Lee County.

Philip Gaines and Kenneth Mayfield for the plaintiff. Bryan Hineman defended.

Reports on these cases and others coming in the January 2023 edition, 14 MsJVR 1.

Subscribe to the Mississippi Jury Verdict Reporter (Link to the online store)

Published 12-14-22

Mississippi Court of Appeals (en banc) reversed summary judgment in med mal case from Warren County

Yesterday at its weekly rendition date, the Court of Appeals reversed (en banc) a summary judgment in a juvenile case involving medical malpractice from Warren County.

Plaintiff with her 10-day old son at the hospital -- while infant treated for RSV, mother alleges the nurse dropped him. Nurse says child fell when she took her hand off him a moment.

Trial court granted summary judgment because plaintiff lacked expert proof. Plaintiff appealed and argued this case fit within the "layman's" exception and no expert was needed.

The Court of Appeals reversed on this question, Judge Emfinger writing that while the layman's exception is rare . . .a jury can understand a nurse shouldn't drop a 10-day old infant. It affirmed on a negligent training question. The matter returns to Vicksburg for trial.

Clark v. River Region Medical Center

Anita Stamps and Larry Stamps for the appellant

R.E. Parker, Clifford Whitney and Penny Lawson for appellee

Judge James Chaney at the trial court

The Court of Appeals Opinion (external link)

Published 12-13-22

Defense verdict in trucking rear-ender in Ellisville

The plaintiff was rear-ended by the defendant (in the pick-up) who fell asleep. There was minor damage to the plaintiff's big rig (he was hit by a smaller truck) but he still complained of a serious neck and back injury. The defendant argued there was no significant injury and looked to in-cab video which tended to support that notion. Fault was admitted.

A Jones County jury (Ellisville) rejected the case on 12-9-22 after three days of proof and found the defendant. See the handwritten verdict form below.

Team from Morgan & Morgan for the plaintiff

Clark Hicks, Jr. (pictured) and Lane Dossett (Hicks Law Firm) defending

Dal Williamson tried it.

Ed. Note - We had incorrectly reported that Rocky Wilkins was on this trial. The court record reflected that but he was in Hernando trying the DeSoto County case. We regret the error.

Published 12-8-22

Rocky Wilkins and Morgan & Morgan strike again twice in a week -  Raw $3,440,064 workplace negligence verdict in DeSoto County

Rocky Wilkins hit for $2,000,000 last week in Jackson and tonight he hits again in Hernando. Plaintiff was unloading a box truck from a loading dock at a warehouse when the driver drove away. The plaintiff fell out and sustained a compound tib-fib fracture and a broken collarbone.

Plaintiff alleged negligence by the trucker in driving away. Trucking firm implicated comparative fault of the plaintiff and his employer.

Parties stipulated economic damages were $1,090,064 (obviating the need for economic experts) and the jury considered fault and pain and suffering.

The verdict? Fault 70% to defendant, 30% to employer and none to plaintiff. Pain and suffering was $2.25 million for a raw verdict of $3,440,064 less 30% comparative fault. Presumably the pain and suffering will be reduced to the cap $1,000,000 and then again for comparative fault, resulting in a net of $1,790,064 for plaintiff.

Rocky Wilkins (pictured), Ryan Skertich and William Hackett (Morgan & Morgan) for the plaintiff

Mark Carroll and Luke Whitaker (Carroll Bufkin) defending

Celeste E. Wilson was the umpire

Published 12-4-22

$2,000,000 trucking verdict in Jackson

Plaintiff, age 43, who had a prior lumbar fusion (and the hardware was later removed) was rear-ended by a trucker, the impact causing his vehicle to roll-over in the median on I-55. The plaintiff will need a spinal cord stimulator but at the time of the trial, it had not been installed.

A Jackson jury awarded the plaintiff a total of $2,000,000 which included the odd number of $1,184,022 for pain and suffering. This was to "crowbar" the verdict along with the special damages to reach the round $2,000,000 number. The suffering award will be reduced to $1,000,000 to comply with Mississippi's damage-limiting scheme.

Rocky Wilkins and Will Graves (Morgan & Morgan) for the plaintiff

Donna Meehan and Michael Simmons (Cosmich Simmons & Brown) defending

Judge Winston Kidd on the bench

The verdict . . .

Published 11-29-22

December 2022 edition is complete

The December 2022 was finished this morning and will be mailing out early next week. Here's a peek at the front page.

Subscribe to the Mississippi Jury Verdict Reporter.

Published 11-28-22

$51,371 bad breakfast burrito verdict against Sonic in Warren County

The plaintiff, a teenager, bought a breakfast burrito at a Sonic Drive-In in Vicksburg (pictured below) and got sick within hours. His proof linked his symptoms to a food-borne bacteria. Sonic contested causation.

The jury in Vicksburg made a general award to the plaintiff of $51,371.

Omar Nelson (Gibbs Travis) for the plaintiff

Jason Weeks and Kalleigh McCoy (Maron Marvel) defending

Judge Macie Southerland was on the bench

Published 11-23-22

Oktibbeha Med Mal Defense Verdict -- Brachial Plexus Birth Injury

The plaintiffs alleged the excessive use of force during a vaginal delivery led to a broken humerus and brachial plexus injury. The plaintiff's expert was Joel Engel, Ob-Gyn, Atlanta, GA. The defendant (Jacob Brown, MD) replied that he met the standard of care and utilized appropriate delivery methods. His expert was Dr. Kyle Ball, Ob-Gyn, Jackson.

A jury in Starkville found for the defendant after a four-day trial and exonerated the plaintiff.

Details coming in the December 2022 edition of the Mississippi Jury Verdict Reporter.

Subscribe to the MsJVR in the online store.

Duncan Ragsdale and William Bruce, Memphis, TN for the plaintiff

Tommie G. Williams, Sr. and Tommie G. Williams, Jr., Upshaw Williams, Greenwood defending

Lee Howard called the balls and strikes

Published 11-22-22

Court of Appeals (En Banc) affirms Mississippi Tort Claims Act death claim regarding a road construction mishap

The plaintiff, Melvin Simmons, age 73, died when his Jeep flipped on a road that was poorly maintained during a county road project. There was no centerline and there was a steep dropoff. His estate sued the road construction firm. It also sued Jackson County.

The case was tried in July of 2019 in Jackson County before Judge Dale Harkey. A jury absolved the construction company. Judge Harkey ruled on the claim against the county and found that while the county was negligent, the case was precluded by the open and obvious nature of the hazard.

The estate appealed as to the county alone and argued the court should have apportioned some fault to the county. The Court of Appeals affirmed (11-22-22) in a 7-3 En Banc opinion authored by Judge Smith. The court concluded that the trial court had not committed manifest error. Judge Westbrooks (joined by Judges Carlton and McDonald) dissented that the trial court should have apportioned fault to the county.

The Court of Appeals Opinion (24 pages -- external link)

Clark Hicks, Hattiesburg for the estate

Danny Griffith, Cleveland for Jackson County

See Case No. 945 for the original jury verdict report.

Published 11-22-22

Plaintiff injured at Wal-Mart when struck by boxes that fell from a pallet -- Defense verdict

The plaintiff was shopping for cookie dough near midnight at a Wal-Mart when a store employee pulling a pallet loaded with boxes passed. The boxes fell and struck her, resulting in a permanent thoracic injury. She blamed the employee for negligently stacking the boxes. Wal-Mart denied fault.

The case was tried for four days in federal court in Jackson. The verdict was for Wal-Mart on liability. 

Courtney Wilson and Douglas Tynes (Tynes Law Firm) Pascagoula for the plaintiff

Thomas Louis (pictured below) and Kenna Mansfield (Wells Marble & Hurst) Ridgeland defending

Judge Daniel P. Jordan, III called the balls and strikes

The events as imagined by the plaintiff's expert

Published 11-9-22

$14.25 million Med Mal Verdict in Monroe, Louisiana

We are writing today about a $14.25 million med mal  verdict (paralysis after a cervical compression was missed by an ER doctor) in Monroe, LA (Ouachita Parish. You might want to check out the details at our sister blog for the Louisiana Jury Verdict Reporter.

Published 11-7-22

November 2022 edition is almost finished

The November edition (13 MsJVR 11) is finished and in editing . . .good issue with some interesting cases.

Published 10-31-22

Bicycle v. Bicycle crash on the Natchez Trace is tried to a jury in Madison County

The plaintiff was riding a bicycle with a group of riders on the Natchez Trace. She alleged the defendant (on a recumbent bicycle but not in her group) suddenly made a u-turn which caused her to crash. She suffered facial fractures in the crash. The defendant denied fault (he'd already made the turn) and thought the plaintiff crashed into him.

A Canton jury returned a defense verdict and the plaintiff took nothing. Full report coming in the November issue.

David Dunbar and Lauren Carpenter (DunbarMonroe), Ridgeland for the plaintiff

Rick Patt, Madison defending

Judge Bradley Mills presided

Published 10-25-22

$6,500,651 Employment Verdict in Jackson - Surgical resident alleged he was improperly terminated

Joseph Papin, a surgical resident at the University of Mississippi Medical Center, alleged his contract was terminated improperly because of allegations of misconduct and poor patient care. Papin denied it all and he alleged residency director simply accepted the allegations as true without any meaningful investigation.

A federal jury in Jackson (10-20-22) awarded the plaintiff lost wages of $14,651 and $1.486 million in other compensatory damages. It also assessed punitive damages of $5,000,000 for a total of $6,500,651. There are interesting post-trial issues still to be determined.

Does the cap on non-economic damages apply in a non-tort case? The plaintiff pled breach of contract.

The defense is expected to challenge the punitive damages. The plaintiff too will appeal the court limiting his economic damages to just the last half of his surgical residency and not a career worth of damages, there being proof his medical career has been derailed.

Full report coming in the November edition.

Case Documents:

Summary Judgment Order

Ryan Morgan, Gregory Schmitz and John Waits, Morgan & Morgan for the plaintiff

John Madden and Paul B. Watkins, Mayo Mallette, Oxford, defending

Judge Kristi H. Johnson presided.

The liability phase and punitive phase verdict forms are below: