Justia Mississippi Supreme Court Opinion Summaries

The issue before the Supreme Court was whether the Mississippi Department of Health erred by denying the certificate-of-need (CON) application of St. Dominic-Jackson Memorial Hospital. In its application, St. Dominic sought to relocate seventy-one general acute-care beds from its Jackson location to a new facility in planned to build in Madison County. The Department found that St. Dominic's proposed project was actually a new hospital and not a relocation. Because St. Dominic did not meet the need criteria for a new hospital, the Department denied the request. The Madison County Chancery Court affirmed that decision. St. Dominic raised four issues on appeal. Taking each in turn, the Supreme Court concluded that the Department did not err by finding St. Dominic's project was actually a new hospital. Because St. Dominic could not meet the need criteria for a new hospital, the Department did not err by denying the CON application, and that the chancery court did not err by affirming that decision. View "St. Dominic-Jackson Memorial Hospital v. Mississippi State Department of Health" on Justia Law

While attending a group-therapy session at St. Dominic’s Hospital (SDH) in 2005, Plaintiff Elizabeth Martin slipped and fell on a floor while it was being waxed. She alleged she received injury to both knees and sued SDH for negligence regarding her injuries allegedly caused by the fall. At the conclusion of the trial, SDH moved for a directed verdict, claiming that Plaintiff had not provided sufficient evidence to establish the proximate cause of her injury. The circuit court granted SDH's motion for a directed verdict, and Plaintiff timely filed an appeal. The Court of Appeals reversed the decision of the circuit court and remanded the case for a new trial, finding that Plaintiff had provided enough evidence to create a question of fact for the jury to make a determination based on the totality of the evidence. Upon review, the Supreme Court disagreed and found that the circuit court correctly granted SDH's motion for a directed verdict. View "Martin v. St. Dominic-Jackson Memorial Hospital" on Justia Law

A circuit court dismissed Plaintiff Jimmy Steven Fowler Jr.'s wrongful-death action for failing to timely serve presuit notice on the defendants as required by Mississippi Code Section 15-1-36(15) (Rev. 2003). The trial court denied Plaintiff's motion for reconsideration. Plaintiff appealed, arguing that: (1) he presented evidence which raised a presumption of timely presuit notice; (2) the trial court erred by denying his motion for reconsideration; and (3) the defendants, John Paul White, M.D., Marilyn Lehman, R.N., and The Sanctuary Hospice House, Inc. (collectively, Sanctuary), waived the affirmative defense of lack of presuit notice because they failed to timely pursue the defense while actively participating in the litigation. Upon review of the circuit court record, the Supreme Court affirmed, finding the trial court's finding that Plaintiff failed to present sufficient evidence to create a presumption of presuit notice was supported by substantial evidence. The trial court was within its discretion in denying Plaintiff's Rule 59(e) motion for reconsideration. And Plaintiff's waiver argument was procedurally barred because he raised it for the first time on appeal. View "Fowler v. White" on Justia Law