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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 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.
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
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.
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)
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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)
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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.
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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)
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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
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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)
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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.
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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)
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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)
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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.
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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
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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 . . .
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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:
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:
ph: 1-866-228-2447
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