Justia Mississippi Supreme Court Opinion Summaries

In 1987, Joseph Bagley purchased a cancer and dread-disease policy through his friend and insurance agent, Jackie McPhail. The policy was issued by American Heritage Life Insurance Company. McPhail worked as an independent insurance broker, and she was a registered agent with American Heritage at the time the policy was written. The policy indicated that Bagley purchased coverage concerning cancer and dread disease, a home-recovery rider, and a hospital intensive-care rider. Bagley also had an option to purchase life insurance; however, McPhail testified that Bagley did not purchase life insurance under this policy because he had purchased a separate life-insurance policy. In 2008, Bagley was diagnosed with cancer. Bagley contacted McPhail to file a claim under the policy and to "change the beneficiary" of the policy from his estate to Michael and Betty Strait. McPhail testified that she had ceased writing policies for American Heritage; however, she still retained the authority to service Bagley's policy, and she acquired his written consent to receive information regarding his policy from the insurance company. While Bagley was in the hospital, McPhail presented an American Heritage change-of-beneficiary form, which Bagley ultimately signed. The signature was witnessed by Bagley's physician, a nurse, and McPhail. Bagley orally communicated that he wished for the beneficiary to be changed from his estate to the Straits. At the time that Bagley signed the form, the Straits had yet to be listed as beneficiaries on the form. McPhail met with the Straits after the form was signed to confirm their correct legal names to be placed on the change-of-beneficiary form at a later time. McPhail provided that she did not fully complete the form because she was attempting to contact American Heritage to confirm the correct procedure for completing the process; however, American Heritage's office was closed because of Hurricane Fay, and McPhail never succeeded in speaking with American Heritage regarding the matter. Bagley's physician, who witnessed Bagley signing the form, later communicated to Betty Strait that his attorney advised that the form could not be used because the Straits' names were not listed on the form prior to Bagley's signature. Betty Strait relayed this to McPhail, who then attempted to contact American Heritage's legal department. McPhail called the company on multiple occasions, but she never received a return phone call. Soon thereafter, Bagley passed away, and the form was never completed. The estate was probated and the Straits did not contest the passage of the policy proceeds to the estate at the time that the estate was being settled. The executor of Bagley's will, William Kinstley, petitioned for the approval of the estate's final accounting, which included the policy proceeds. The Straits initiated legal action against McPhail and American Heritage in Hinds County Circuit Court, arguing that Bagley intended for them to receive the proceeds from the cancer policy. The Straits alleged breach of contract, tortious breach of contract, negligence and gross negligence, breach of fiduciary duties and the duty of good faith and fair dealing, bad-faith refusal to pay benefits and to promptly and adequately investigate the claim, misrepresentation and/or failure to procure, promissory and/or equitable estoppel, and they sought a claim for declaratory relief. McPhail filed a motion to dismiss, which was granted by the circuit court. The circuit court found that the issue had been previously litigated and resolved in chancery court, and that no appeal had been taken from the chancery court judgment. Likewise, the circuit court granted American Heritage's motion for summary judgment, finding that there were no genuine issues of material fact to be resolved. The Court of Appeals reversed the judgment and remanded the case, finding that genuine issues of material fact did exist and that res judicata and collateral estoppel did not bar the Straits' claims. Because the Straits failed to raise any issues upon which relief may be granted, the circuit court's grant of McPhail's motion to dismiss was proper. However, the circuit court erred in granting the motion to dismiss based on res judicata and collateral estoppel. Furthermore, the circuit court properly granted American Heritage's motion for summary judgment: the Straits were never eligible to be third-party beneficiaries under the policy, and they have failed to show any equitable entitlement to reimbursement. For those reasons, the Supreme Court reversed the judgment of the Court of Appeals and reinstated the circuit court's judgment. View "Strait v. McPhail " on Justia Law

When legendary blues musician Robert Johnson died intestate in 1938, he had no money and appeared to have left no assets to distribute to heirs, so no estate was opened at that time. But the increasing popularity of Johnson's music over the years following his death led Steven LaVere, a music producer from Tennessee who owned Delta Haze Corporation, to contact Johnson's half-sister, Carrie Thompson, about previously unpublished photographs of Johnson. Believing Thompson to be Johnson's only heir, LaVere requested the photographs to launch a new release of Johnson's music. The legatees of Carrie Thompson sought to recover royalties and fees from the use of two photographs that were ultimately used in the project. Among the several reasons the trial court denied their claim was that the statute of limitations had expired. Finding no reversible error, the Supreme Court affirmed. View "Anderson v. LaVere" on Justia Law

The Chancery Court appointed conservators over the person and estate of Stuart Irby. Approximately one year later, Karen Collins Irby, Stuart's ex-wife, filed pleadings to invalidate the conservatorship and set aside the transactions of the conservators. The chancery court denied Karen's petition, and she appealed. Finding no reversible error, the Supreme Court affirmed. View "Collins v. Pinnacle Trust" on Justia Law

Halley Smith appealed a Chancery Court order which held Smith was not a wrongful-death beneficiary of Justin Smith. On appeal to the Supreme Court, Smith asked the Court to judicially declare that an in loco parentis child qualified as a wrongful-death beneficiary under Mississippi Code Section 11-7-13. Finding that an in loco parentis child does not qualify as a wrongful-death beneficiary, the Supreme Court affirmed the trial court's judgment. View "In the Matter of the Estate of Justin Michael Smith" on Justia Law

Helen Schroeder was a passenger in an automobile driven by her husband Harry, when a log truck collided with the rear of the automobile. Harry was killed, and Helen was severely injured. A consequence of the accident was that Helen suffered diminished mental capacity. In a federal lawsuit, Helen claimed the truck driver was at fault and denied that Harry was negligent. After the federal judge denied the defendant’s motion for summary judgment, Helen settled the federal suit. Helen then sued Harry’s estate in state court, claiming Harry was partially at fault. The circuit court granted summary judgment to the estate on judicial estoppel grounds. But, because the federal judge stated his denial of summary judgment was based on his finding of genuine issues of material fact as to the truck driver’s negligence, not “Harry Schroeder’s potential contributory negligence,” the Supreme Court reversed. View "Clark v. Neese" on Justia Law

Jessica Norton Jordan appealed a declaratory ruling that she was not entitled to a share of her adoptive father’s estate under Mississippi’s pretermitted heir statute. A certified copy of the trial court’s docket indicated that Jordan was still involved in the probate matter. Further, the declaratory judgment did not contain a Rule 54(b) certification or equivalent language. Because the order denying pretermitted heir status was not a final, appealable judgment, the appeal was dismissed. View "Jordan v. Booth" on Justia Law

This appeal stems from a civil suit brought by the estates and wrongful-death beneficiaries of Christopher Allan Bloodworth, Steven Earl Tallant Jr., Marcus Richardson, and A.W. Hilson, four men killed at a railroad crossing when a freight train collided with the truck in which they were traveling. The beneficiaries of Bloodworth, Tallant, Richardson, and Hilson filed their complaint(s) against Illinois Central Railroad Company and several of its employees, including the track crew, as well as other employees of Illinois Central’s track department. Defendants filed two motions for summary judgment; the circuit court granted summary judgment in favor of Defendants with respect to Plaintiffs’ claims alleging negligent operation of the train. The circuit court also granted partial summary judgment in favor of Defendants on three of four contested issues regarding the engineering and maintenance of the railroad crossing, leaving one surviving claim. The circuit court then granted five of Defendants’ motions in limine to exclude Plaintiffs’ evidence. Finding that, without the excluded evidence, Plaintiffs could not support the remaining claim, the circuit court granted Defendants’ motions for summary judgment in their entirety and issued a judgment and certificate pursuant to Rule 54(b) of the Mississippi Rules of Civil Procedure. Plaintiffs appealed the trial court's decisions to the Supreme Court, and Defendants cross-appealed as to certain trial court rulings. Because the Supreme Court affirmed the trial court’s grant of summary judgment in favor of Defendants on each claim by Plaintiffs, the Court dismissed Defendants’ cross-appeal as moot. View "Estate of Bloodworth v. Illinois Central Railroad Company" on Justia Law

The chancery court found that certain property once owned by Gocher and Reba Morrow vested in their estates at the time of their deaths and passed by intestate succession in equal shares to their three sons, Phillip, Ronald, and Joel. Phillip appealed, arguing that he held a remainder interest and the property vested in him at his parents’ death. The Court of Appeals affirmed. After its review, the Supreme Court found that the chancery court erred by not quieting and confirming title to the property in Phillip, and reversed the Court of Appeals and the chancery court. View "Morrow v. Morrow" on Justia Law

Thirteen years after the divorce was finalized, the Lamar County Chancery Court found that the former husband, Appellee John David Gatwood, was in arrears on certain financial obligations imposed by the divorce decree. Because of various extenuating circumstances, the chancellor ordered Gatwood to pay off his debt in monthly installments. More than a year after the chancery court judgment, the former wife's attorney, Jack Parsons, successfully filed a suggestion for writ of garnishment, significantly accelerating payment of Gatwood's financial obligations. Circumstances related to the manner in which the writ of garnishment was obtained resulted in sanctions against Parsons; the garnishment proceedings also gave rise to other rulings which were appealed to this Court. After review, the Supreme Court declined to find the trial court erred: evidence at trial supported that court's finding that attorney's fees and sanctions against Parsons and his client were appropriate. Accordingly, the circuit court's decision was affirmed. View "Cooper v. The Estate of William David Gatwood" on Justia Law

Martin Vance filed a medical-malpractice/wrongful-death action on behalf of Mamie Vance Hemphill, alleging that Dr. Charles H. Laney was negligent in his treatment of the decedent, Hemphill. Vance initially sued other medical providers, but all but Dr. Laney were dismissed. Trial was held; Dr. Laney was the sole defendant. The jury returned a verdict of $1,000,000 to Vance. In response, Dr. Laney filed this appeal, presenting three issues to the Supreme Court: (1) whether the trial court erred in remitting plaintiff's economic damage award to $103,688 when the substantial weight of the evidence proved that the award should have been zero; (2) whether the trial court erred in its jury instructions; and, (3) whether plaintiff's counsel made inappropriate comments, and, when taken with the erroneous jury instructions, should have warranted Dr. Laney a new trial. Because the trial judge committed reversible error in instructing the jury that they could consider the "value of life" of the deceased in awarding damages, and because counsel for Vance made improper and prejudicial comments to the jury during closing arguments, the Supreme Court reversed and remanded for a new trial. View "Laney v. Vance" on Justia Law