Justia Mississippi Supreme Court Opinion Summaries

Shanta Webster filed a complaint in the Grenada County Circuit Court against the University of Mississippi Medical Center-Grenada (UMMC-Grenada) and Drs. Aimee Watts and Kimberly Farmer, alleging medical negligence in the performance of a hysterectomy and post-operative care. Webster served the complaint to Dr. Watts, Dr. Farmer, and Dodie McElmurry, the CEO of UMMC-Grenada. The defendants requested an extension to answer the complaint and later claimed immunity under the Mississippi Tort Claims Act (MTCA). Webster argued that service of process was proper under Rule 4(d)(8) of the Mississippi Rules of Civil Procedure.The Grenada County Circuit Court dismissed the complaint, ruling that service of process was improper because it was not made to the Attorney General as required by Rule 4(d)(5) for state institutions. Webster appealed the dismissal, maintaining that UMMC-Grenada is a community hospital and that service on the CEO was sufficient.The Supreme Court of Mississippi reviewed the case de novo and upheld the trial court's decision. The court found that UMMC-Grenada is not a separate entity but a part of UMMC, a state institution. Therefore, service of process should have been made to the Attorney General under Rule 4(d)(5). Webster failed to serve the Attorney General within the 120-day period required by Rule 4(h), rendering the service invalid. Additionally, the court noted that Drs. Watts and Farmer, acting within the scope of their employment, were immune from personal liability under the MTCA.The Supreme Court of Mississippi affirmed the trial court's order of dismissal, concluding that proper service of process was not effected, and the individual defendants were immune from liability. View "Webster v. University of Mississippi Medical Center Grenada" on Justia Law

Linda Lee owned a motel in Pascagoula, Mississippi, which had deteriorated significantly and was being used improperly, attracting vagrants and drug users. The city council ordered the demolition of the motel after a hearing, citing it as a menace to public health and safety. Lee did not attend the hearing, but her son did. The city council decided the motel was beyond repair and ordered its demolition.Lee appealed the city council's decision to the Jackson County Circuit Court, arguing that the city failed to provide substantial evidence and did not comply with statutory notice provisions. The Circuit Court affirmed the city's decision. Lee then appealed to the Court of Appeals, which found that the city’s notice was insufficient and reversed and remanded the case for further determination.The Supreme Court of Mississippi reviewed the case on certiorari. The court found that the appeal was moot because the motel had already been demolished by a new owner, as admitted by Lee in her appellate filings. Additionally, Lee lacked standing to pursue the appeal because she had transferred the property to her son on the day of the city council meeting and no longer had any interest in it. Consequently, the Supreme Court of Mississippi vacated the Court of Appeals' decision and dismissed Lee's appeal. View "Lee v. The City of Pascagoula, Mississippi" on Justia Law

Clover Boykin filed a lawsuit against Greenwood Leflore Hospital (GLH) under 42 U.S.C. § 1983, alleging that GLH intentionally withheld her medical records, preventing her from filing a medical malpractice suit. Boykin claimed that GLH's actions violated her constitutional right of access to the courts. GLH responded with a motion to dismiss, arguing that Boykin's claims failed as a matter of law, the employee was immune from suit, GLH was never served, and the suit was time-barred.The Leflore County Circuit Court denied GLH's motion to dismiss and granted Boykin additional time to serve GLH. GLH then sought an interlocutory appeal, which the Supreme Court of Mississippi granted. Boykin did not file a brief in response to the appeal.The Supreme Court of Mississippi accepted Boykin's failure to file a brief as a confession of error and found that Boykin's claims failed as a matter of law. The court held that HIPAA does not provide a private right of action and that Boykin could not use § 1983 to enforce a federal statute that does not give her an individual right. The court reversed the trial judge's denial of the motion to dismiss and rendered judgment in favor of GLH. View "Greenwood Leflore Hospital v. Boykin" on Justia Law

Chester “Chet” Lake contested the probate of his mother’s will, which his sister Mary Chesnutt had filed. Lake doubted the will’s validity, claiming undue influence, and requested a jury trial to determine the issue of devisavit vel non. The Madison County Chancery Court entered a scheduling order but did not specify whether the trial would be a bench or jury trial. After the discovery and motions deadlines passed, Lake filed a Notice of Jury Trial. Chesnutt moved to strike the notice, arguing that Lake had waived his right to a jury trial by participating in pretrial proceedings and that the notice was untimely.The Madison County Chancery Court granted Chesnutt’s motion to strike, finding that Lake had waived his right to a jury trial by agreeing to the scheduling order and that his notice was untimely. Lake appealed this decision.The Supreme Court of Mississippi reviewed the case and held that Lake had not waived his right to a jury trial. The court found that under Mississippi Code Section 91-7-19, Lake was entitled to a jury trial upon request before any hearing on the issue of devisavit vel non. The court determined that the entry of the scheduling order did not constitute a hearing on the matter and that Lake’s notice, filed thirty-two days before the trial date, was timely. The court reversed the chancery court’s decision and remanded the case for further proceedings consistent with its opinion. View "In the Matter of the Estate of Lake v. Chesnutt" on Justia Law

In November 2021, Mettro Johnson filed a motion in Coahoma County Chancery Court to set aside a 2002 order that determined paternity and required him to pay child support, arguing the order was void due to insufficient service of process. The court found the 2002 order void for lack of personal jurisdiction because Johnson was served one day short of the required thirty-day notice period.The Court of Appeals affirmed the chancery court's decision in a divided ruling, agreeing that the 2002 order was void due to insufficient service of process. The Mississippi Department of Human Services (MDHS) filed a petition for writ of certiorari, which the Supreme Court of Mississippi granted.The Supreme Court of Mississippi reviewed the case and agreed that the chancery court lacked personal jurisdiction over Johnson due to insufficient service of process. However, the court found that Johnson waived his challenge to personal jurisdiction by entering into a stipulated agreement in 2003, which acknowledged the validity of the 2002 order. Consequently, the Supreme Court reversed the judgments of the Coahoma County Chancery Court and the Court of Appeals and remanded the case for further proceedings consistent with its opinion. View "Department of Human Services v. Johnson" on Justia Law

Jessie D. Boyett Jr., an inmate serving consecutive sentences, filed a complaint against the Mississippi Department of Corrections (MDOC) seeking to have his sentences commuted and to be declared eligible for parole. Boyett's requests were initially rejected by the MDOC's Administrative Remedy Program (ARP) for containing multiple complaints and unclear legal language. After resubmitting his request and receiving another rejection, Boyett filed a complaint with the Hinds County Circuit Court, which dismissed his case for lack of jurisdiction, stating it should be resolved in the county where he was incarcerated.The Court of Appeals upheld the Circuit Court's dismissal, agreeing that Boyett filed his petition in the incorrect venue and had not exhausted his administrative remedies. The appellate court determined that the proper venue for challenging an MDOC decision is where the prisoner is housed and that Boyett failed to properly file his ARP request and receive a final decision from MDOC.The Supreme Court of Mississippi reviewed the case on certiorari, focusing on the issue of venue. The court found that, according to Mississippi Code Section 11-11-3(1)(a)(i), venue was proper in the First Judicial District of Hinds County, where the defendants reside. However, the court affirmed that Boyett had not exhausted his administrative remedies before filing his complaint. Consequently, the Supreme Court affirmed in part and reversed in part the judgments of the Court of Appeals and the Circuit Court of the First Judicial District of Hinds County. The court clarified that venue for such cases is proper where a defendant resides or where a substantial act causing the injury occurred. View "Boyett v. Cain" on Justia Law

Nolan D. Palmer appealed a circuit court order enforcing sureties' liability related to a fee dispute among attorneys Barry Wade Gilmer, Seth Little, and Chuck McRae. McRae had initially sued Barry in Hinds County Chancery Court, and Barry subsequently filed a complaint in Madison County Circuit Court against Little, McRae, and McRae's attorneys, Michele Biegel and Bettie Ruth Johnson. The Madison County Circuit Court transferred the entire suit to Hinds County Chancery Court, but the Mississippi Supreme Court reversed this transfer for the claims against Biegel and Johnson, remanding the case back to Madison County Circuit Court. On remand, the circuit court dismissed Barry's complaint against Biegel and Johnson as frivolous and ordered Barry to pay their costs.Barry appealed and filed an appeal bond with supersedeas, signed by Barry, Matthew Gilmer, and Palmer. The bond was not signed by the circuit clerk. The Mississippi Supreme Court affirmed the circuit court's orders, and Biegel and Johnson moved to enforce the sureties' liability, claiming Barry had not satisfied the judgments. The circuit court found the bond enforceable as a contract, holding Barry and Palmer liable.Palmer appealed, arguing he was denied due process, the bond was invalid, and the circuit court erred in enforcing the bond as a contract. The Mississippi Supreme Court reviewed the case de novo and found that Palmer waived his arguments by failing to appear or defend the motion in the circuit court. The court held that Palmer was provided due process as required under Rule 8(d) and affirmed the circuit court's order enforcing sureties' liability. View "Palmer v. McRae" on Justia Law

L.C. Slaughter and Isiac Jackson were removed from their positions as commissioners of the Canton Municipal Utilities Commission by the City of Canton Board of Aldermen. They appealed their removal to the Madison County Circuit Court, arguing that their removal was illegal and violated their due process rights. The circuit court agreed, finding the removal void as a matter of law, and reinstated them to their positions. The Board appealed this decision.The Mississippi Supreme Court affirmed the circuit court's decision, holding that the Board's removal of Slaughter and Jackson without notice and an opportunity to be heard was improper. The Court issued its mandate on April 6, 2023, affirming their reinstatement. Subsequently, on April 27, 2023, Slaughter and Jackson filed a petition for back pay in the same circuit court case, seeking compensation for the period they were removed.The circuit court denied the petition for back pay, citing lack of jurisdiction, as the issue of back pay was not raised before the mandate was issued. Slaughter and Jackson appealed this denial. The Mississippi Supreme Court reviewed the case de novo and held that the circuit court lost jurisdiction once the appeal was filed and did not regain it after the Supreme Court's mandate, which did not remand any issues for further consideration. Consequently, the circuit court's denial of the petition for back pay was affirmed. View "Slaughter v. City of Canton, Mississippi" on Justia Law

Jason Scarborough, a police officer, was involved in a car accident with Wanda Logan while responding to an emergency call. Scarborough was driving at 79 miles per hour in a 25-mile-per-hour residential zone with his emergency lights on but no siren. Logan, who was at a stop sign, pulled out in front of Scarborough, leading to a collision. Scarborough sustained severe injuries and sued Logan for negligence, seeking over $3 million in damages. The jury found Scarborough 60% at fault and Logan 40% at fault, awarding Scarborough $1.2 million, which the trial court reduced to $480,000 to reflect Scarborough's apportioned fault.The Rankin County Circuit Court allowed the deposition of Shane Remy, an accident reconstructionist, to be read at trial despite Logan's objection that Remy had not been qualified or tendered as an expert witness. Remy's testimony was crucial in attributing fault to Logan. The jury's verdict reflected a reduction based on Scarborough's fault, but the trial court further reduced the award, leading Scarborough to file a motion to alter or amend the judgment, which was denied.The Supreme Court of Mississippi reviewed the case and found that the trial court abused its discretion by allowing Remy's deposition without proper qualification as an expert witness. This error was not harmless, as Remy's testimony was the only evidence of Logan's fault aside from Scarborough's account. The court also found that the trial court erred in further reducing the jury's award, as the jury had already accounted for Scarborough's fault. Consequently, the Supreme Court of Mississippi reversed the trial court's judgment and remanded the case for a new trial, dismissing the direct appeal as moot. View "Scarborough v. Logan" on Justia Law

R.W. and J.R. are the biological parents of twins Rachel and Joshua, born prematurely on May 9, 2022. Both R.W. and the twins tested positive for amphetamines at birth. The Jackson County Youth Court placed the children in the custody of the Mississippi Department of Child Protection Services (CPS) and later adjudicated them as neglected children. The court also ruled that CPS could bypass reasonable efforts to reunify the twins with their parents. R.W. and J.R. appealed this decision.The Jackson County Youth Court initially held an emergency custody hearing, followed by an adjudication hearing where the twins were declared neglected. The court found that R.W. had a history of substance abuse and had previously lost custody of her other children. J.R. was incarcerated for failing to register as a sex offender. The court ruled that CPS could bypass efforts to reunify the children with their parents due to the parents' history and current circumstances. R.W. and J.R. raised issues on appeal regarding jurisdiction, venue, and the sufficiency of evidence supporting the neglect adjudication and the bypass of reunification efforts.The Supreme Court of Mississippi reviewed the case and affirmed the youth court's judgment. The court held that the youth court had both subject-matter and personal jurisdiction, and that Jackson County was the proper venue. The evidence presented, including the positive drug tests and the parents' histories, was sufficient to support the adjudication of neglect. The court also found that bypassing reasonable efforts to reunify the children with their parents was justified based on the parents' past terminations of parental rights and J.R.'s criminal history. The Supreme Court of Mississippi affirmed the youth court's decision. View "R.W. v. Mississippi Department of Child Protection Services" on Justia Law