Justia Injury Law Opinion Summaries

Herbert Williams sued the City of Vicksburg after he had been arrested after informing police officers that he had discharged a firearm to prevent an attack by a neighbor’s dog. The city moved for dismissal, which the Circuit Court denied. The city was granted permission to file an interlocutory appeal. Because it could not be said beyond doubt that Williams would have been unable to prove any set of facts in support of his claim, the Supreme Court affirmed the Circuit Court’s denial of the city’s Rule 12(b)(6) motion to dismiss, and remanded the case to the trial court for further proceedings. View "City of Vicksburg v. Williams" on Justia Law

This was an interlocutory appeal involving a premises-liability case. Cynthia Adams, one of the defendants in the case, filed a motion for summary judgment, which the trial court denied. Plaintiff Anthony Hughes brought a negligence claim against multiple parties: BKB, LLC d/b/a the Electric Cowboy; Jonathan Self, manager of the Electric Cowboy; and Adams, the owner of the property on which Electric Cowboy operates. Hughes alleged that he was “attacked and assaulted by a third party assailant” at the Electric Cowboy in 2011. Hughes claimed that all the defendants “had either actual or constructive knowledge of the third party’s violent nature or actual or constructive knowledge that an atmosphere of violence existed on the premises of the Electric Cowboy.” Adams was an absentee landlord, who did not physically occupy, possess, or exercise control over the Electric Cowboy and/or the leased premises prior to or at the time of the incident in question; Adams did not frequent or visit the Electric Cowboy; Adams had no control or involvement in the operations or management of the Electric Cowboy; she was never employed by the Electric Cowboy; she did not supervise the Electric Cowboy, and she did not have the right to supervise the Electric Cowboy. Adams petitioned the Supreme Court for interlocutory appeal when her motion for summary judgment was denied. A panel of the Supreme Court issued an order granting the petition and staying the trial court proceedings. Finding that Adams was entitled to summary judgment as a matter of law, the Court reversed the trial court’s denial of summary judgment and rendered judgment in favor of Adams. View "Adams v. Hughes" on Justia Law

Early in the morning on November 7, 2011, Arnoldo Moreno, Juan Estrada, and Jose Garcia-Guillan were killed in a motor-vehicle collision when Arnoldo’s pickup truck collided with an eighteen-wheeler tractor-trailer, owned by TLSL and driven by Randall Walker. Ana Moreno (“Moreno”), Arnoldo’s widow, filed a wrongful-death action. At trial, after Moreno rested, TLSL and Walker moved for a directed verdict on improper inspection, damages for pain and suffering, medical bills, final expense and burial, hedonic damages, current net loss value of wages, punitive damages, and liability. Moreno stipulated that the directed verdict be granted on all the issues except the current net-loss-value issue, the inspection issue, and the liability issue. The trial court granted directed verdict on each issue. Moreno appealed, arguing the trial court erred in granting TLSL's motion as to negligence. Finding that Moreno failed to provide any evidence demonstrating negligence, the Supreme Court affirmed. View "Moreno v. TLSL, Inc." on Justia Law

Ann Doe was treated at Rankin Medical Center after she was sexually assaulted. Doe claimed that when she returned to school, fellow students teased her about the sexual assault. According to Doe, unidentified classmates said they had heard about the incident from a classmate, who was the daughter of Gina McBeth, a nurse who worked in the emergency room at Rankin Medical. Doe sued McBeth and Rankin Medical, alleging breach of confidentiality and damages. The trial court granted summary judgment in McBeth’s and Rankin Medical’s favor. Doe appealed, arguing that circumstantial evidence and McBeth’s credibility created a genuine issue of material fact. She also argued first on appeal that the trial-court judge should have recused himself, since he was the prosecutor in the underlying rape case. Because Doe did not present any admissible evidence to create a genuine issue of material fact under any actionable theory of recovery and failed to file a motion for recusal, the Supreme Court affirmed the trial court’s grant of summary judgment. View "Doe v. Rankin Medical Center" on Justia Law

Marcus and Patricia Byrd’s home, in The Timbers of Crossgates subdivision in Brandon, was managed by Ridgway, Lane & Associates (Ridgway). The Byrds claimed that mold began growing inside the home when Ridgway and the Timbers Homeowners’ Association (HOA) failed to repair a leak in the dining room ceiling, that the influx of water damaged the home and property inside, and that Marcus Byrd developed breathing problems as a result of mold exposure. Both Ridgway and the HOA filed motions for summary judgment asserting that the statute of limitations had expired. The trial court granted the defendants’ motions with regard to the property damage claims but denied their motions respecting the personal injury claims. The Mississippi Supreme Court granted Ridgway and the HOA leave to file an interlocutory appeal. Because no assignment of error regarding the Byrds’ property damage claims was raised on appeal, the Court affirmed the trial court's grant of summary judgment with regard to those claims. Finding that a genuine issue of material fact existed regarding the time at which Marcus Byrd knew or by reasonable diligence should have known of his illness, the Court affirmed the denial of summary judgment and remanded this case for trial. View "Ridgway Lane & Associates, Inc. v. Watson" on Justia Law

While attending Auburn University on a full football scholarship, Austin Ramsey permanently injured his back in the university’s weight room in Auburn, Alabama. Ramsey filed suit in the Circuit Court of Madison County, Mississippi, against Auburn University and Kevin Yoxall, Auburn’s head strength and conditioning coach. Both defendants filed motions to dismiss, arguing that venue was improper in Mississippi. The circuit court found that there were no facts creating venue in Madison County and dismissed Ramsey’s complaint without prejudice. Finding no error in that judgment, the Mississippi Supreme Court affirmed. View "Ramsey v. Auburn University" on Justia Law

Khambraya Stanley and Jeanette Winchester were purchasing fuel at a gas station owned and operated by Scott Petroleum when they were struck from behind by an out-of-control car. They asserted that Scott Petroleum required its patrons to stand in an unreasonably dangerous spot and that, even though it had erected iron and concrete bollards (posts) around the store, gas pump, and a power pole, it had placed neither barriers nor a curb around the walk-up window. Scott Petroleum had posted a sign on the side of the side of the store that said: “CAUTION! BE SAFE AND ALERT. WATCH OUT FOR MOVING VEHICLES.” With only written discovery completed, Scott Petroleum filed a motion for summary judgment. The plaintiffs opposed the motion and alternatively requested a continuance under Rule 56(f) of the Mississippi Rules of Civil Procedure so they could obtain affidavits, take depositions, and complete discovery. The trial court granted Scott Petroleum’s motion for summary judgment, denying the plaintiffs’ request for a continuance. The Court of Appeals affirmed. The Mississippi Supreme Court granted plaintiffs’ petition for writ of certiorari to address whether the trial court erred in refusing to grant a Rule 56(f) continuance prior to granting summary judgment. After review, the Court found the trial court should have granted the continuance to permit more discovery, and therefore reversed the grant of summary judgment as well as the Court of Appeals’ judgment and remanded the case to the trial court for further proceedings. View "Stanley v. Scott Petroleum Corp." on Justia Law

Perreice Collins filed a wrongful death action on behalf of her minor daughter, Shoniqwa, and on behalf of the wrongful death beneficiaries of Shoniqwa’s stillborn daughter, Shataja. Finding that Collins had not shown good cause for her failure to effect service of process upon Dr. Toikus Westbrook, the Circuit Court granted Westbrook’s motion to dismiss. Collins appealed, and the Court of Appeals affirmed. Collins petitioned the Mississippi Supreme Court for review. The Supreme Court held that Collins offered uncontradicted proof of “good cause” in explanation of her failure to serve process upon Dr. Toikus Westbrook within 120 days of having filed a civil complaint as required by Rule 4(h) of the Mississippi Rules of Civil Procedure. Furthermore, Collins established “excusable neglect,” as contemplated by Rule 6(b) of the Mississippi Rules of Civil Procedure, entitling her to an extension of time in which to serve process upon Westbrook. The judgments of the Circuit Court and the Court of Appeals were reversed and the case remanded to the trial court for further proceedings. View "Collins v. Westbrook" on Justia Law

Billy Bradley waited until 2014 to file suit against his court-appointed counsel from a 2004 proceeding. Bradley alleged negligence against his representative, Earl Jordan, which resulted in his injury (wrongful incarceration). Jordan filed a motion for summary judgment, alleging that the statute of limitations had run on any claims Bradley may have had as to Jordan’s negligence or professional malpractice. The trial court entered judgment in Jordan’s favor, finding that Bradley’s claims were barred by the statute of limitations. Bradley appealed. Finding that Bradley’s claims were time-barred, the Supreme Court affirmed the judgment of the trial court. View "Bradley v. Jordan" on Justia Law

Stribling Investments, LLC, sued Mike Rozier Construction Company, Inc., alleging negligence and negligent construction. The trial court granted Mike Rozier Construction’s Motion for Summary Judgment and dismissed Stribling Investments’ Complaint on the ground that Mike Rozier Construction did not owe a duty to Stribling Investments. Stribling Investments appeals. Holding that the trial court should have considered whether the "builder-vendor" rule applied to Mike Rozier Construction Company, the Supreme Court reversed. View "Stribling Investments, LLC v. Mike Rozier Construction Company, Inc." on Justia Law