THE Mississippi JURY VERDICT REPORTER BLOG

A quick look at verdicts, trial news or other stories of interest to Mississippi litigators.

Return to the Mississippi Jury Verdict Reporter Home Page

Published 10-10-24

Court of Appeals reverses summary judgment in a premises liability case from Harrison County

The plaintiff was waiting for his car to be repaired and he walked his dog on the car dealership driveway. As he did so he stepped into a hole and sustained injuries. The plaintiff sued and alleged the premises were unsafe. The trial judge in Harrison County (Christopher Schmidt) granted summary judgment and found that the plaintiff (in walking on the driveway) had exceeded the scope of his invitee status and was a trespasser.

The plaintiff appealed and on 9-17-24, the Court of Appeals reversed that the plaintiff had not lost his status as an invitee in walking his dog on the dealership property.

Andrew McCullough for the appellant. Paul Blake and Tim Holleman from MGC Law for the appellee.

The Appellate Opinion (external link to fox v. Allen Automotive)

---

Published 9-24-24

Slip and Fall defense verdict in McComb, MS

The plaintiff was shopping for cake decorating supplies at a Hobby Lobby in McComb (Pike County) when she slipped on a stray piece of cellophane in the aisle -- it was a cake icing bag. She suffered a shoulder injury and twisted her neck and back.

Plaintiff sued and alleged the premises were unsafe. Hobby Lobby replied that it hadn't created the hazard nor did it have notice of it.

A defense verdict was returned for Hobby Lobby on 9-18-24 finding the plaintiff solely at fault.

Yancy B. Burns and Shanda M. Yates, Burns & Associates, Jackson for the plaintiff
Chad C. Marchand, W. Pemble DeLashment and Keith B. Franklin, DeLashment and Marchand, Mobile, AL defending

Report coming in the October edition, 15 MsJVR 10.

---

Published 9-17-24

$14,000,000 million PI verdict in Memphis last night

Last night in Memphis there was a $14,000,000 verdict in a case involving a fall from a ladder that left the plaintiff with a spinal cord injury. We're still working on getting the verdict. A team of Morgan & Morgan lawyers (Rocky Wilkins, Jackson, MS and Ryan Skertich and Elaine Sheng, Memphis) tried it for the plaintiffs.

And last week in Knoxville there was a $330,000 FELA verdict in Knoxville involving a shoulder injury sustained lifting trains to change the wheels. The lawyers for the plaintiff in the Knoxville case included C.E. Story and James R. Ferguson of the Chris Christy Law Firm in Ridgeland, MS.

Full reports on both coming in the October 2024 edition of the Tennessee Jury Verdict Reporter, 21 TJVR 11.

---

Published 9-16-24

Way Back Machine in effect -- 1962 Premises Liability verdict  in Pascagoula

Ada Taylor was injured in a slip and fall at a Jackson County Winn-Dixie and was awarded $25,000 in damages. She had tripped over an unattended stocking buggy. Taylor, age 68, broke her leg and it was surgically repaired.

The case was tried in 1962 before Judge Leslie Grant. Grant later reduced the award by $5,000. The plaintiff accepted it the $20,000 award. Winn-Dixie appealed and in 1963 the MS Supreme Court concluded $20,000 was too much and further reduced the award to $15,000, Winn-Dixie v. Taylor, 149 So. 2d 485 (1963). It is not clear how the case was resolved in remand.

P.D. Greaves from Gulfport for Winn-Dixie. Boyce Holleman, Gulfport and Donald Cumbest, Pascagoula, for the plaintiff.

---

Published 9-4-24

The September edition (15 MsJVR 9) is out this week 

We've got a good issue this month with some interesting results from all over the state. Issue mails out later this week.

Mississippi September 2024 preview

Subscribe to the Mississippi Jury Verdict Reporter (the online store) for all the details.

---

Published 8-29-24

Title IX Gender Discrimination case tried to a verdict in Jackson -- Male student alleged he was unfairly expelled after facing sexual assault allegations

The plaintiff (Matthew Haughey) then an Ole Miss student in 2016 faced a sexual assault allegation after his date to a Christmas formal alleged their sexual encounter was not consensual. Haughey at all times thought it was.

Ole Miss investigated and had a disciplinary hearing. Even though the woman didn't testify, Ole Miss expelled Haughey. He believed the hearing was a sham.

Haughey sued Ole Miss as an "Andrew Doe" plaintiff (Judge Jordan sealed scores of documents in the case to conceal his identity) and alleged Title IX gender discrimination. His proof burden was the hearing outcome was erroneous and that Ole Miss acted because of his gender. Ole Miss denied it all.

The case was tried for four days in Jackson and Ole Miss prevailed on liability -- see the jury verdict below.

J. Lawton Hester, Cranfill Sumner, Raleigh, NC and Michelle T. High, Weisbrod Matteis & Copley, Ridgeland for the plaintiff
Paul B. Watkins, Jr. and J. Andrew Mauldin, Mayo Mallette, Oxford for Ole Miss

Judge Daniel Jordan called balls and strikes as well as sealing most of the public record in this case which touched on very public issues.

We are also working a neurology Med Mal from Lafayette County. We'll have more details on that next week. There is additionally an Auto Negligence case that will conclude tomorrow in Claiborne County. Rocky Wilkins from Morgan & Morgan for the plaintiff.

Full report coming in the September edition, 15 MsJVR 9.

Use code "MississippiAugust" to save 20% on anything (renew your subscription, buy a book, whatever) through the end of the month in the online store.

The jury verdict which was partially redacted by the court

---

Published 8-28-24

$100,077 Auto Negligence verdict in Pascagoula yesterday

There was an interesting verdict in Jackson County Court before Judge Mark Watts. Plaintiff (in the white truck) was making a left turn from the left turn lane. The defendant was alleged to be in the right turn lane and the collision only occurred when he continued going straight and didn't make the right turn. Plaintiff was t-boned and rolled over. He's complained of a variety of injuries including the aggravation of a prior rotator cuff injury and a L-4 pars defect.

The jury awarded the medicals of $27,077 and $73,000 more for pain and suffering for a raw total of $100,077. Fault was assessed 80% to the defendant and the remaining 20% to the plaintiff. The net verdict for the plaintiff is $80,061.

R. Jonathan Franco and Todd Farrar, Haug Farrar & Franco, Ocean Springs for the plaintiff
Trace D. McRaney, Dukes Keating Hatten McRaney Blum, Gulfport defending

Full report coming in the September edition, 15 MsJVR 9.

Use code "MississippiAugust" to save 20% on anything (renew your subscription, buy a book, whatever) through the end of the month in the online store.

An image of the accident taken from surveillance at nearby Huntington Ingalls

---

Published 8-21-24

$4,078,223 verdict last Friday in Newton County -- Plaintiff severely injured when a guardrail impaled the vehicle in which he was a passenger

The plaintiff suffered catastrophic injuries on a work trip to Indiana when his driver (they were coming back in the evening from dinner) ran off the road and struck a guardrail which penetrated the cab of their work truck and impaled the plaintiff. The plaintiff was trapped an hour before fireman cut him from the vehicle. He had one leg later amputated to the hip, the other was grievously injured and he additionally suffered a lacerated liver, pelvic fracture, open testicular injury and an SI joint separation.

The case was tried on damages only in Decatur against the driver. The trial lasted three days. The defense of the case focused on minimizing the plaintiff's economic loss, its experts (notably D.C. Sharp, Economist, Memphis) contesting the valuations of the plaintiff's damages expert, James Koerber, Hattiesburg.

The plaintiff took economic damages of $3,678,723 and $400,000 more for his non-economic damages for a total of $4,078,223. A consistent judgment was entered.

Mark C. Carroll and Thomas G. "Gary" Bufkin, Carroll Bufkin, Ridgeland for the plaintiff
Defense:    M. James Weems and Kathryn S. Rowe, Daniel Coker Horton & Bell, Jackson and Michael O. Gwin, Watkins & Eager, Jackson (Gwin was the defendant's Moeller counsel)
Judge Caleb May called balls and strikes

The Pretrial Order

Use code "MississippiAugust" to save 20% on anything (renew your subscription, buy a book, whatever) through the end of the month in the online store.

The vehicle depicting the damage from the guardrail.

The Verdict

---

Published 7-22-24

Defense verdict in casino false imprisonment case in Gulfport

The plaintiff (a VIP guest) alleged false imprisonment after security guards at the Beau Rivage casino executed a "citizens arrest" and handcuffed him when they tried to kick him out for being drunk. The plaintiff denied that but there was evidence on his bar tab of 10 whiskey drinks. 
There were significant fact disputes about what had occurred. 

The case was tried for four days in Gulfport. The jury rejected the case and found for the casino on Friday afternoon.

Douglas L. Tynes, Tynes Law Firm, Pascagoula and David N. Harris, Biloxi for the plaintiff
Robert S. Addison (pictured), W. Matthew Thompson and Michael R. Kelly, Thompson Addison, Ridgeland defended the casino

Judge Taylor McNeel on the bench

Report coming in the August 2024 edition

---

Published 7-18-24

$1,626,613 trucking verdict in Jackson last night

The plaintiff (in a sedan) was sideswiped by the defendant who was operating a Ford F-350 dually. It resulted in moderate damage but there was no injury at the scene.

Plaintiff to an ER 11 days later with shoulder pain and then on to an orthopedist. She had a subsequent surgery to repair a full thickness tear.

A Jackson jury found the defendant solely at fault and awarded the plaintiff $1,626,613 which was broken down as follows:
Medicals: $50,457 as claimed, Pain and Suffering - $1.5 million, Mental Anguish - $38,077, Permanent Injury - $38,077.

It is not clear why the jury awarded the odd numbers ($38,077) for two elements of the plaintiff's non-economic damages.

Verdict returned 7-17-24

Report coming in the August 2024 edition (15 MsJVR 8).

Rocky Wilkins, William A. Graves and John A. Waits, Morgan & Morgan, Jackson for the plaintiff
Joe S. Deaton, III and R. Jason Canterbury, Deaton & Berry, Flowood defending

An image of the plaintiff's vehicle depicting damage to the passenger side

---

Published 7-8-24

The July 2024 edition is out this week (15 MsJVR 7)

The July 2024 edition (15 MsJVR 7) is out this week and features several interesting verdicts. It begins with the Brunini Firm trial victory in Harrison County in a casino slip and fall. It also features a $118,398 truck negligence verdict from Jones County (Morgan & Morgan on the case) but also a Morgan & Morgan defense verdict on damages result from Lincoln County. Trace McRaney defending in Brookhaven.

All the details in the July edition. Subscribe to the Mississippi Jury Verdict Reporter

---

Published 6-19-24

Plaintiff slipped in her hotel bathroom at a Biloxi casino and suffered a broken hip and concussion

The plaintiff (age 77) stayed at the Golden Nugget in Biloxi to celebrate a birthday. She slipped walking from her bathroom to the main part of her hotel room. She alleged her toe was caught where the tile met the carpet. In the fall she broke her hip and suffered a concussion. The injuries were alleged to have robbed the woman of her independence. She died (at age 80) before the case came to trial.

The plaintiff alleged the condition of the hotel was not reasonably safe and led to her fall. The casino denied fault and described the condition as representing normal wear and tear in the hotel.

A jury in Biloxi returned a defense verdict for the Golden Nugget and the estate took nothing.

Thandi Wade and Raymond P. Gee, Jr., Tatum & Wade, Jackson for the plaintiff

Sheldon G. Alston and R. Lane Bobo, Brunini Law Firm, Jackson defending

Judge Christopher Schmidt on the bench

The Jury Verdict

---

Published 5-28-24

Trashcan the pitbull dog (he's owned by a Moss Point police officer) chewed a little boy's calf which led to nine separate surgeries

$400,000 dogbite verdict in Jackson County

The plaintiff, a 12 year old boy, was walking by a home in his Ocean Springs when a dog (Trashcan) charged and bit him on the calf. It was as much a chew as a bite and the boy was hospitalized five days and underwent nine surgeries. The boy sued the dog's owner (a local police officer) and blamed the dog for charging him. The owner replied that the dog (a pitbull named Trashcan) was a beloved and peaceful family pet.

A Jackson County jury (Judge Kathy King Jackson presiding) found for the plaintiff and made a general award of $400,000.

Report coming in the June 2024 edition, 15 MsJvR 6.

Matthew S. Lott and William B. Bidwell, Lott Law Firm, Pascagoula for the plaintiff
NeShondria D. Ellerby, Ellerby Law Firm, Moss Point defending

---

Published 5-20-24

Teenager suffered a complex leg fracture in a JV football game and blamed his orthopedist for mismanaging his care 

Directed verdict in Starksville

The plaintiff, Chaney Hale, suffered a complex leg fracture playing JV Academy football (Canton v. Winston) and was treated by an orthopedist, Dr. R. Allen Butler. Hale's wound opened and he suffered complications. Hale sued Butler (Oktibbeha County) and alleged malpractice in failing to stabilize the fracture. The trial court (Judge James Kitchens, Jr.) granted a directed verdict at the close of the plaintiff's case on third day of trial.

Report coming in the June 2024 edition.

Mitchell Tyner and Charles "Brad" Martin, Canton, for the plaintiff

Tommie Williams, Jr. and Tommie Williams, Sr., Greenwood, for Butler

---

Published 5-6-24

Defense verdict in Oxford (federal) in an unusual Tunica casino slip and fall that occurred in the plaintiff's hotel room

Robert Mollentze from Atlanta visited the Horseshoe Casino in Tunica. After a late night of gambling, Mollentze and his wife had a sleep in. While they slept the toilet in the bathroom in the half-bath of their hotel suite (Room 1530) overflowed. It was clogged with toilet tissue.

The water gushed into the hallway and a casino employee saw it. He knocked on the door. This roused Mollentze who walked into the foyer and immediately slipped. He suffered a rotator cuff tear.

Mollentze sued the casino and alleged negligence by it in not following procedures, i.e., calling him on the phone, as the "knocking on the door" drew Mollentze to the slip hazard. The casino denied fault.

The case was tried in federal court for three days and concluded last Friday. A defense verdict was returned.

Roderick D. Ward, III, Ward Law, Ridgeland for the plaintiff
Goodloe T. Lewis, Hickman Goza & Spragins, Oxford defending
Judge Michael P. Mills presiding

The scene of the half-bathroom that spilled onto the foyer of the room

Subscribe to the Mississippi Jury Verdict Reporter -- report coming in the May 2024 edition

---

Published 4-29-24

May 2024 issue is almost ready . . . out next week . . .15 MsJVR 5 preview

---

Published 4-22-24

$100,000 death verdict less 50% comparative fault in Covington County -- Plaintiff suffered fatal injuries when he rear-ended a slow-moving truck tractor on Hwy 49

A trucker had problems with truck tractor while moving through Mississippi and the trucker, rather than parking the truck and having it towed, limped along Hwy 49 at 20 mph. This was far below the 65 mph limit. The plaintiff, traveling at 40 mph or so per the plaintiff's expert, or 62-65 mph according to the defense expert, rear-ended the truck tractor. The driver suffered mortal injuries (fractures and internal injuries) and died a week later.

The plaintiff's estate alleged negligence by the trucker and his employer in driving too slow and not parking the disabled rig. The defense blamed the plaintiff's look-out on a clear day.

The jury assessed fault 50% to the defendant and the remaining 50% to the trucking firm and trucker. The jury took $100,000 for the father of the decedent for loss of consortium. However the jury rejected the mostly conceded medicals of $163,462 plus the decedent's pain and suffering and his sister's consortium interest. The net verdict then was $50,000.

Plaintiff has moved for a new trial and cited the damages were inadequate. The defense has moved for a "settlement-first" credit for another trucking firm (it leased the truck to the trucking firm) for its $400,000 settlement. The motions are pending.

John D. Giddens, Jackson and L. Wesley Broadhead, Mendenhall for the plaintiff
James G. Wyly, III, Scott Ellzey and Lauren R. McCrory, Phelps Dunbar, Gulfport defending
Judge Matthew G. Sullivan presiding in Collins

Full report coming in the May 2024 edition, 15 MsJVR 5. We are also working a FMLA retaliation verdict from Jackson (Federal) where a UMMC anesthesiology was terminated from his program.

Use code MSApril2024 (good through the end of the month) in the online store to save 25% on everything. Renew your subscription. 25% off. Get a new one. 25% off. Buy a book. You understand.

Images of the plaintiff's Nissan van

The verdict form on damages

---

Published 4-2-24

The April issue (15 MsJVR 4) is almost finished-- features a $1.7 million verdict in an unusual train horn auditory injury case

It will hit your inbox in PDF later this week

---

Published 3-26-24

Plaintiff (at 144 mph) crashed into a trucker who did a sudden u-turn and was killed instantly

$4.5 million verdict for estate less 35% comparative fault in federal court in Memphis -- Plaintiff repped by Mississippi lawyer Marc Boutwell

Plaintiff, age 25 and just off work at Federal Express, was driving 144 mph near the airport in modified Dodge Challenger Hellcat. A trucker in front of him suddenly executed a u-turn and fully blocked the road. The plaintiff hit the brakes, slowed to 110 mph and then skidded 600 feet into the trailer. He died instantly.

The estate alleged negligence by the trucker in blocking the road. The defense was simple enough -- the plaintiff was driving 144 mph!

A Memphis jury found the trucker 65% at fault and assessed the remaining 35% to the plaintiff. The only damages were lost earning capacity which was valued at $4.5 million. The final judgment less comparative fault was for $2.925 million. Post-trial motions are expected.

Marc Boutwell and Charles Edwards, Law Offices of Marc Boutwell, Lexington, MS and William F. Burns, Watson Burns, Germantown for plaintiff
Stephen W. Vescovo and Patrick S. Quinn, Lewis Thomason, Memphis defending

Report coming in the April edition (21 TJVR 4) of our sister publication, the Tennessee Jury Verdict Reporter

---

Published 3-12-24

The plaintiff complained of a C4-5 disc injury after a chain reaction rear-ender with a tow truck -- A Jones County awarded damages totaling $350.00

The plaintiff was involved in a chain reaction rear-ender involving a tow truck. It was a moderate hit. The plaintiff has since treated for a C4-5 disc injury and at trial, a plaintiff's IME, Dr. Howard Katz, confirmed the injury and a future course of care. The defense argued the wreck was too minor to cause a compensable injury.

On 3-5-24 a jury in Laurel awarded the plaintiff economic damages of $300 (the incurred medicals were $12,000 and she sought $43,000 for future care) and just fifty bucks ($50.00) for non-economic damages. The verdict totaled $350.00.

Full report in the March 2024 edition of the Mississippi Jury Verdict Reporter.

The handwritten verdict form:

Omar L. Nelson, Gibbs Travis, Jackson for the plaintiff
Jason H. Strong, Daniel Coker Horton & Bell, Jackson defending

Pictures at the scene . . .

---

Published 2-19-24

The February 2024 edition (15 MsJVR 2) has been published

This month we look at an interesting employment verdict from Aberdeen as well as two med mal (Jackson -- bled to death after a cardiac surgery) and (Warren - pulmonary embolus led to a stroke 12 days after surgery) defense verdicts.

Subscribe to the Mississippi Jury Verdict Reporter. The 13th edition of the Year in Review has also been published.

---

Published 1-31-24

The 2023 Year in Review (13th edition) is out today and it features a new report, The Tort Scheme Report

The 2023 Year in Review (13th edition) and summarizes 13 years of cases and 1,205 verdicts, is out in PDF today. Print will follow in a couple of weeks.

There is a new report in 2023 that is interesting. It looks at the effects of Mississippi's tort scheme to reduce non-economic damages. How has it been applied and in which cases? What are the savings (it can be many millions for tortfeasors at the expenses of injured plaintiffs) in these cases.
The report looks at cases where there were final judgments in reverse order going back from 2023.

You can order the book in PDF at the link below and you'll be reading it today.

The 2023 Year in Review (13th edition)

---

Published 1-15-24

Med Mal Double-Shock in Mississippi Last Week

Cases tried to verdict in Hernando and Hattiesburg

There were two cases tried to a verdict last week and they were both Med Mals. It was alliterative too, the cases going off in Hattiesburg and Hernando.

They were both defense verdicts.

The first case from DeSoto County involved an alleged bariatric surgery error.

John A. Davis and Steven Ray Davis, Davis & Davis, Houston, TX and W. Thomas “Tad” McCraney, III, McCraney Montagnet Quin & Noble, Ridgeland for plaintiff  Kevin Baskette and William C. Podesta, Lewis Thomason, Memphis, TN defending

The Forrest County trial involved an ophthalmologic care -- the plaintiff was left blind in her left eye after a cataract surgery

Joe Sam Owen and Mitchell Owen, Owen & Owen, Gulfport for the plaintiff
Whitman B. Johnson, IIIand Shanetric S. Townsend, Currie Johnson & Myers, Flowood defending

Details coming in the January edition of the Mississippi Jury Verdict Reporter, 15 MsJVR 1.

The Campbell v. Bath Verdict (DeSoto County)

The Stepheson v. Nelson Verdict (Forrest County)

---

Published 1-11-24

$100,000 Auto Negligence Verdict in Harrison County -- Dog Groomer Plaintiff Complained of a Disabling Neck and Back Injury

The plaintiff, Brandi Taranto, a local dog groomer, complained of disabling neck and back injuries (imposed on degenerative conditions) after a minor rear-ender involving a teenage defendant. Plaintiff's medical bills were $23,517 and a future surgery was estimated $47,000. The plaintiff sought $37,000 more in lost wages for her dog grooming business.

A jury in Harrison County returned a general verdict (handwritten) for the plaintiff in the sum of $100,000. While a significant verdict, it was slightly less than her claimed special damages.

J. Heath Sullivan and Lauren R. Sullivan, Gulf South Law Firm, Gulfport for the plaintiff
Kristi Rogers Brown, Daniel Coker Horton & Bell, Gulfport defending

Judge Christopher Schmidt on the bench

The Jury Verdict (Handwritten)

---

Published 12-11-23

The December 2023 edition is out -- we've finished our 14th edition publishing in Mississippi 

It features interesting med mals from Columbus and Brandon

The November/December 2023 Preview

---

Published 11-16-23

Med Mal Defense Verdict in Columbus -- Bowel injury sustained during robotic hysterectomy 

The plaintiff suffered a bowel injury during robotic hysterectomy. There was a diagnosis delay of the injury that led to multiple surgeries and a grueling recovery.

Plaintiff alleged error by her Ob-Gyn regarding the initial injury and then the diagnosis delay.

Doctor replied that there was likely no initial injury (it was a thermal injury that later developed into a perforation), and thus not only had the defendant not injured the plaintiff, he'd fully complied with the standard of care.

A jury in Columbus heard proof for two weeks. It returned a defense verdict and the plaintiff took nothing.

Full report coming in the December 2023 edition including a recitation of the relevant facts and the experts.

Wilbur Colom, Columbus and Marc Mandich, Homewood, AL for the plaintiff

Gordon Flowers and Scott Singley (both Columbus) and Lane Bobo (Jackson) all of Brunini Grantham Grower and Hewes defending

Judge James Kitchens on the bench

---

Published 11-13-23

Where is the November 2023 edition? 

Where is the November 2023 edition, 14 MsJVR 11? It looks like there is going to be a year-end double edition, November and December.

Why? In our review of the Mississippi courts, we've got two October verdicts. One is a federal civil rights case from Oxford. The other is a med mal from Columbus.

We'll have a summary of the med mal later this week and will publish November/December early in December.

---

Published 10-4-23

October 2023 issue preview (14 MsJVR 10) is out -- full issue coming later this week

---

Published 10-3-23

$400,000 trucking verdict in Claiborne County on 9-27-23

The plaintiff, age 73, was rear-ended by a trucker in Port Gibson and later underwent a shoulder surgery. She's also complained of neck and back pain. There was proof she will require ongoing care. The plaintiff's vehicle (and the truck in front of it) pictured at the scene.

The plaintiff sought damages from the trucking firm. It sought to contest the billing with an expert (the court excluded him) and otherwise diminished the claimed injury.

The jury (after a two-day trial) awarded the plaintiff $400,000 (see the verdict form below) which included $186,000 for pain and suffering.

Full Verdict Report coming in the October 2023 edition of the Mississippi Jury Verdict Reporter

Samuel F. Creasy, Bradley S. Kelly and Rocky Wilkins, Morgan & Morgan, Jackson for the plaintiff

C. Maison Heidelberg, Heidelberg Patterson Welch Wright, Ridgeland and Robert L. Gibbs, Gibbs Travis, Jackson defending

Judge Tomika H. Irving presiding

The Jury Verdict

---

Published 10-1-23

$285,750 Outrage/Invasion of Privacy Jury Verdict from Rankin County Affirmed at the Court of Appeals on its 9-26-23 rendition date

An IT co-worker at the MS State Rating Bureau retaliated against a female employee and placed her phone number on a website that features escorts – the woman then received numerous phone call solicitations for sex – after the scheme was discovered, the IT worker was fired and the woman sued him for outrage and invasion of privacy among other torts -- he defended it was just a foolish mistake on his part. A Rankin County jury awarded the woman $285,750 in damages in March of 2021

The defendant appealed (he cited a litany of errors at the trial court) and the Court of Appeals fully affirmed the jury verdict at its 9-26-23 rendition date. Judge Lawrence authored the 33-page opinion which is linked below.

Chadwick M. Welch, Heidelburg Patterson Welch & Wright, Ridgeland  for the underlying plaintiff

Robb was pro se at trial but Allison Perry Fry was his attorney on appeal

Judge Dewey Arthur presided at the jury trial in Rankin County

The MsJVR Original Verdict Report (March 2021)

The Court of Appeals Opinion (external link)

---

Published 8-30-23

Slip and fall summary judgment affirmed in favor of McDonald's at the Court of Appeals

At the rendition date this week (8-29-23) the Court of Appeals affirmed a summary judgment slip and fall from Pike County. The plaintiff walked into a McDonald's in McComb and slipped and fell. An employee had been mopping the store. There were several bright yellow warning signs in place.

The plaintiff sued and alleged negligence (mopping at the busiest time of day and not placing the signs in a perimeter fashion where they were more visible) by McDonald's. The trial judge (Michael Taylor) granted summary judgment. The plaintiff appealed.

The Court of Appeals (Smith writing and joined by Barnes and McCarty) affirmed the trial court. The court focused that there were four large warning signs and there was no proof McDonald's had not acted reasonably in mopping the floor. 

Michael S. Bishop for the plaintiff

Eric R. Price (Perrier & LaCoste) for McDonald's

Landry v. Vallman McComb Mall (external link to Court of Appeals Opinion)

---

Published 8-28-23

$31,212 Auto Negligence verdict in Jackson County

The plaintiff visited the Hacienda San Miguel House of Tequila in Moss Springs, MS -- he walked out to an exterior patio. He failed to appreciate a four-inch drop-off depicted below. In the resulting fall he suffered a knee injury and it was surgically repaired.

Plaintiff sued and argued the drop-off was dangerous. House of Tequila defended that the plaintiff should have appreciated the obvious dropoff.

The case was tried for two days (8-9 and 8-10) and the plaintiff took $129,000 in damages less 30% comparative fault for a total of $90,300.

Report coming in the September 2023 edition.

Ryan Canon (Morris Bart) Gulfport for the plaintiff

Weyman McCranie from Mobile defending

Judge Mark Watts on the bench

The Verdict Form

---

Published 8-21-23

$31,212 Auto Negligence verdict in Jackson County

The plaintiff complained of soft-tissue symptoms after being rear-ended at a red light. It was a hard hit. The defendant admitted liability and the case proceeded on damages only. The medical bills were $15,948 (ER, ortho visit, chiropractic care and a course of PT) and the lost wages were $264.

The plaintiff sought damages in Jackson County and asked the jury for the specials and $40,000 for $55,000 or so. The defense thought the specials plus $5,000 or $10,000, representing a verdict in the range of $21,000 to $26,000.

The verdict (it was a one-day trial on the first day of August) was general for the plaintiff in the sum of $31,212. That matches up to the medicals and lost wages plus $15,000 for pain and suffering.

Report coming in the September edition of the Mississippi Jury Verdict Reporter.

Jonathan Franco, Haug Farrar & Franco, Ocean Springs for the plaintiff

Amanda Seymour, Currie Johnson & Myers, Biloxi defending

Judge Mark Watts presiding

---

Published 8-1-23

August 2023 preview published (14 MsJVR 8)

---

Published 7-27-23

Court of Appeals reverses a slip and fall summary judgment (at Wendy's) from Harrison County at this week's rendition date

The plaintiff (already disabled) slipped on a mat at vestibule at a Wendy's in Gulfport. Plaintiff alleged the mat slipped and in the resulting fall, he suffered a broken ankle. Plaintiff alleged the mat was worn and defective. A safety expert confirmed this. Wendy's replied that the mat was new and there was no proof of a dangerous condition.

The presiding judge in Harrison County (Lawrence Bourgeois) granted summary judgment that there was no proof of a dangerous condition. The plaintiff appealed.

At this week's rendition date the Court of Appeals reversed Judge Bourgeois. Judge McDonald (reviewing the case de novo) wrote there were fact disputes that precluded summary judgment. The opinion is linked below.

Lauren Cavalier (Dudley DeBosier) for the appellant (plaintiff)

Kristi Rogers Brown (Daniel Coker Horton & Bell) for appellee (Wendy's)

Babin v. Wendy's (Link to appellate opinion)

---

Published 7-24-23

$9,864,571 products liability verdict in Leflore County -- Plaintiff killed when a Genie boom collapsed

Leroy Anthony, age 68, was working for Leflore County on the 2nd day of the year in 2018 making ceiling repairs at the civic center. He was 30 feet in the air on a Genie boom lift. It suddenly collapsed (pictured below) on itself and Anthony was killed.

Anthony's estate alleged a manufacturing and design defect as well as negligent warning. Particularly a pin failed and led to the collapse. The case was originally filed in federal court against Genie but was remanded after the plaintiff (in good faith) added a local rental company and thus defeated complete diversity. Genie denied fault and implicated Leflore County's maintenance of the boom

A Leflore County (Greenwood) jury found for the plaintiff on 5-23-23 and awarded damages of $9,864,571 to the Anthony estate. The jury did apportion 10% fault to the non-party Leflore County.

The Original Complaint

Benny Agosto and Lena Lorenzo, Abraham Watkins, Houston, TX for the plaintiff

Paul V. Cassisa, Jr., Butler Snow, Oxford led the defense

Judge Carol White-Richard called balls and strikes

Report coming in the August 2023 edition of the Mississippi Jury Verdict Reporter -- Save 15% in the Online Store with code July2023 through the end of the month.

An image of the Genie boom after the fatal accident

---

Published 7-19-23

Court of Appeals affirms $381,213 med mal bench verdict from Jackson County at the 7-18-23 rendition date

The plaintiff suffered an arterial bleed in her stomach secondary to an EGD. She continued to bleed over the coming days and the hospital repeated EGDs. Ultimately she was transferred to a New Orleans hospital and died. The estate alleged error by the hospital in not earlier having a repair surgery or a transfer.

The case was tried as a bench trial before Judge Forrest Johnson in Jackson County. He found for the estate against Singing River Hospital and awarded $381,213, representing economic damages of $6,213 and $375,000 for non-economic damages.

The hospital appealed and cited the quality of the experts and that there was inadequate proof on the "loss of chance" claim.

The Court of Appeals (Judge McCarty writing joined by Carlton and Westbrooks) affirmed on the 7-18-23 rendition date. The appellate court concluded there was substantial evidence to support the bench verdict.

Brett K. Williams and William R. Norman for the appellant hospital

Benjamin Philley, Nelson Wager, III and Sara Wagar Hickman for the appellee (underlying plaintiff)

Singing River v. Brand (external link to opinion)(21 pages)

---

Published 7-17-23

July 2023 edition (14 MsJVR 7) has been published

The July 2023 preview 

Subscribe to the Mississippi Jury Verdict Reporter (Save 15% this month with the code July2023)

---

Published 7-3-23

$400,000 Premises Liability verdict in Jefferson County

The plaintiff tripped at a messy Dollar General store in Fayette on a gift shop bag. She sustained a rotator cuff injury. The plaintiff alleged the premises were messy and a deputy sheriff (he was in the store) confirmed this.

The jury awarded $400,000 which represented medicals of $17,000 and $35,000 for future care. Plaintiff's non-economic damages were $348,000. The raw verdict totaled $400,000. The final judgment less comparative fault was for the plaintiff in the sum of $280,000.

Samuel F. Creasy (pictured), Bradley Kelly and Brennan Ducote, Morgan & Morgan, Jackson for the plaintiff

Nicholas K. Thompson and Andrea B. Pacific, Copeland Cook Taylor & Bush, Hattiesburg defending

Judge Tomika Irving on the bench

---

Published 6-21-23

Yesterday the Mississippi Court of Appeals reversed a $100,000 employment retaliation verdict from Tupelo

The plaintiff worked at a community center that served adults with disabilities. She learned that a resident had been abused and she took a picture of the resident's face. The plaintiff shared the photo with a former employee of the center who then shared it with the Attorney General. Within days the plaintiff was fired for violating HIPAA in improperly sharing the photograph with a non-employee.

Plaintiff sued and alleged retaliation. She prevailed at trial in Lee County and was awarded $100,000. 

The center (Brandi's Hope Community Center) appealed. The Court of Appeals affirmed yesterday. Judge Carlton for an en banc court (a 5-4 opinion) held that the plaintiff did not enjoy an exception to the "at will" doctrine because her report was not made to an appropriate person, i.e., a former employee. The relevant portion of the opinion (from page 25) is excerpted below:

Jim Waide for the underlying plaintiff (appellee)

Mark Halbert (Phelps Dunbar) for the defendant (appellant)

James Moore was the trial judge in Lee County Court

The Court of Appeals Opinion (external link)

The Original Verdict Report (November 21, 2019 Jury Trial)

The relevant jury verdict

---

Published 6-7-23

The June 2023 edition (14 MsJVR 6) has been published -- here's a sneak peak

---

Published 5-30-23

False Imprisonment/Assault/Battery Verdict in Harrison County involving Beau Rivage Resorts

A casino patron at Beau Rivage walked out and was asked to drop his drink. He did and alleged that casino security blocked his path, put him in a chokehold and threw him against a security guard. He was later arrested by Biloxi police and the charges were dropped.

Plaintiff (Kevin Doran, a councilman in Madisonville, LA) sued Beau Rivage and alleged false imprisonment, assault and battery. The casino replied that he was belligerent, had impersonated a police officer and they acted reasonably at all times.

As the jury deliberated it asked an interesting question (see below). Can we find for the plaintiff and not award him anything? The court told them to follow the instructions.
Guess what? That's what the jury did. Doran prevailed on liability and was awarded no damages.

At the time of this report no final judgment had been entered.

Details coming in the June 2023 edition of the Mississippi Jury Verdict Reporter.

Douglas Tynes (Pascagoula) and Mariano J. Barvie (Gulfport) for the plaintiff

Michael R. Kelly and Robert Addison (Thompson Addison) Madison for Beau Rivage

Lawrence Bourgeois was on the bench.

---

Published 5-23-23

Wayback Machine - $125,000 death verdict from Yazoo County from November of 1952

An oil well exploded at a "work over" job being performed by Union Producing in Oil City (8 miles sought of Yazoo City) on Halloween in 1951. A foreman, W.M. Ellzey, was killed in the blast. He was survived by his wife and six children ranging in age from one to 14.

Ellzey's estate sued Union Producing in Yazoo County. The case was tried in November of 1952, a little more than a year after the incident. The estate took an award of $125,000 after a five-day jury trial. Judge M.M. McGowan presided.

All the way back in 1952 . . . more than 70 years ago.

---

Published 5-22-23

Judge Taylor McNeel rules Harrison County School can make a transgender student dress as a boy

L.B., a transgender student at Harrison County Central High School, has presented as a girl throughout her high school girl. She wears dresses and by all ostensible accounts, presents and act as a girl.

L.B. (pictured below) sought to wear a dress to her high school graduation this year. The school insisted that she wear clothes consistent with her identified sex at birth. That meant no dresses, but instead she'd have to wear "boy" clothes like a shirt, pants and boy shoes. L.B. had wanted to wear a white dress as did the other girls.

L.B. (through her parents) sued the school district and sought a temporary restraining order. Judge Taylor McNeel conducted a hearing last Friday and ruled from the bench at 11:30 p.m. The graduation was the next day. McNeel denied the girl relief and the school board had won.

L.B. did not participate at graduation the next day. At the graduation the school also pulled another girl from the graduation line (just before she was to receive her graduation) because she too had dressed too much like a boy and was wearing pants. The school district explained it was all about following policy in making forcing the children to wear "boys" and "girls" clothes.

McNeel's Barebones Order is below.

Plaintiff's Motion for a TRO

School District Response in Opposition to the TRO

The girl was represented by ACLU attorneys. The school district's lawyer was Wynn Clark of Gulfport.

---

Published 5-16-23

An orthopedist "pitched a fit" when a scheduler couldn't make a change in the schedule and he called her a "fucking cunt" in front of co-workers -- at a bench trial she was awarded $30,000 for slander -- the Court of Appeals reversed that the remark was not work-related

Judy Faulkner worked as a surgical scheduler at a center in Tupelo for 39 years. Dr. Bryan Fagan, an orthopedist, has worked at the center since 2010. He is a part-owner of it but not Faulkner's boss.

In February of 2016 Fagan became angry that Faulkner could not rearrange the surgical schedule to accommodate her. In front of four co-workers (but not Faulkner), he called Faulkner a "fucking cunt." He'd later he was angry about the schedule.

Faulkner sued Fagan for slander per se. The case was tried as a bench trial in July of 2021 in Lee County Court. Judge James Moore found for Faulkner and awarded her $30,000 in damages. He rejected her outrage claim.

Fagan appealed to Circuit Court. Judge John White (sitting by assignment) affirmed the trial court. Fagan again appealed.

The Mississippi Court of Appeals (sitting en banc) reversed. Judge Barnes wrote for the court (joined by Wilson, Greenlee, Lawrence, Smith and Emfinger). McDonald dissented without opinion. McCarty dissented and was jointed by Carlton, Westbrooks and McDonald. Thus scoring at home it was essentially a 6-4 opinion to reverse.

The majority (with virgin ears) referred to Fagan's slur as "f--king c-nt" one time and thereafter to it with the even more chaste "FC." To the merits the court explained that while it didn't condone Fagan's language, name-calling is not actionable and in fact is not even subject to being "true or false." Moreover there was no proof Fagan meant to disparage Faulkner. The $30,000 award was fully reversed.

McCarty dissented and went write to the slur in the opening paragraph as pictured below. The minority explained Fagan had "pitched a fit" and that his slur of Faulkner was of course work-related. He said it at work, to work colleagues and it went to Faulkner's work performance, i.e., her scheduling of Fagan's surgeries. The dissent would have deferred to the trial court as the fact-finder.

Dennis H. Farris, Jr., Tupelo represented the underlying plaintiff, Faulkner. Mark N. Halbert, Tupelo represented Fagan at trial and through the appeal.

The Court of Appeals Opinion (external link)

Dr. Fagan pictured along with the beginning of Judge McCarty's dissent

---

Published 5-9-23

Affections Alienated -- $150,706 verdict in Rankin County

Wife (Rachel Barnes) alleged the defendant (Brandi Hurdle) broke up her happy marriage with her husband (Jordan). Wife had hoped to live as a happy stay-at-home mom, that dream being dashed by the affair. Husband tended to side with the defendant and explained the marriage was broken and he'd done plenty of cheating. In fact the husband had been a defendant in his own alienation of affection lawsuit. Defendant too denied she was an alienator of affection but described herself as a recipient of them.

A Brandon jury found for the plaintiff and awarded $125,406 in compensatory damages and $25,000 more in punitive damages for a total of $150,706. Verdict returned on 4-20-23.

Edward Ranier (Ranier Law Firm) for the plaintiff

Connie Smith (Connie Smith & Associates) defending

Judge Ratcliffe called balls and strikes

---

Published 5-4-23

Premises Liability Defense Verdict in Alcorn Circuit Court

As the plaintiff shopped at Ollie's Bargain Outlet she tripped over a bag of fertilizer. The aisle in the store was narrow and messy as pictured below. Plaintiff sustained an arm injury. She alleged the premises were unsafe. Ollie's defended that (1) the plaintiff should have known the messy area wasn't for patrons, and (2) the hazard was open and obvious.

The jury returned a handwritten verdict for Ollie's and the plaintiff took nothing.

Clinton Martin (Langston & Lott) Tupelo for the plaintiff

Timothy M. Peeples (Daniel Coker) Oxford defending

Judge Michael Mills on the bench in Corinth

---

Published 4-27-23

Mississippi Court of Appeals affirms a $2,759,094 trucking verdict on 4-4-23

The plaintiff, a home health nurse, suffered serious injuries (open fractures of her leg) when she rear-ender a tractor-trailer that cut her off. A Jackson jury awarded her $2,759,094 at a September 2020 jury trial. That included $1,000,000 for non-economic damages.

The defendant appealed and on 4-4-23, the Court of Appeals (en banc, Judge Lawrence) affirmed the trial court. The heart of the appeal focused that the plaintiff's case was not supported by the evidence. The appellate court sorted through the evidence (the opinion is 49 pages long) and concluded the verdict was reasonable and would not be disturbed.

On a second issue the defense challenged that the plaintiff had injected she did not have insurance during her testimony. The Court of Appeals rejected this too as waived as the defendant didn't object, ask that the answer be stricken, move for a new trial or ask for a curative instruction.

Judge Greenlee dissented (no one joined Greenlee) and wrote the injection of insurance (Greenlee thought it insidiously affected the verdict) warranted a new trial.

James Nobles and Edward Blackmon had the underlying plaintiff.

Robert Mink and Martin Street were for the defendant.

The Original MsJVR Verdict Report from 2020

The Court of Appeals Opinion (external link)

---

Published 4-25-23

Med Mal Defense Verdict in Jackson County -- Plaintiff developed pressure ulcers rehabbing from a knee replacement -- Verdict returned 4-19-23 in Pascagoula

Marion Parker, age 71, underwent a total knee replacement in November of 2012 and then rehabbed a Ocean Springs Health and Rehabilitation Center. Within a week she had developed a Stage IV pressure ulcer and was suffering from sepsis. Thereafter Parker endured a grueling course.

Parker blamed the center's Medical Director (Dr. James Martin, Family Medicine) for failing to monitor her condition as the ulcer became worse. He defended it was already a significant ulcer and her condition was made worse because of malnutrition related to a previously placed gastric band. He also cited a statute of limitations defense.

The case was tried for two days in Pascagoula. Defense verdict.

The Final Judgment (The verdict form is not in the record and the judgment doesn't make clear if Martin prevailed on the statute of limitations question or not, only saying it was for him on liability.)

Norman Pauli, Jr., (Pauli Law Firm) Hattiesburg for the plaintiff

John Banahan and Jessica McNeel (Bryan Nelson) Pascagoula defending

Kathy King Jackson did the judging

---

Published 4-5-23

$308,097 Bench Verdict in Meridian -- City Cop blew through a downtown red light at 78 mph and struck the plaintiff

A Meridian cop responded to a burglary call late on the night of 8-28-16. He blew through city streets at 78 mph and ran through red lights. As the officer did this, he struck the plaintiff who was making a turn from 39th Avenue onto 8th Street. The plaintiff suffered a rotator cuff tear among other injuries.

The case was tried as a MTCA bench trial before Judge Charles Wright. He found the officer acted with "conscious indifference" in speeding through the city streets. He awarded the plaintiff a total of $308,097 (the medicals were $115,423) of which $50,000 represented pain and suffering.

Full report in the April 2023 edition.

Kevin Hamilton (Hamilton Law Firm) Meridian for the plaintiff

William Simmons and Jacob Hamm (Glover Young Hammack Walton & Simmons) defending

The Bench Verdict (Entered by Judge Wright)

---