Justia Mississippi Supreme Court Opinion Summaries

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

Three and a half years after his divorce was final, Dr. Chad Wigington filed a complaint to reopen. He alleged that the divorce settlement agreement between him and his ex-wife, Dr. Laura McCalop, was procedurally and substantively unconscionable and specifically requested that the chancellor modify the child support and visitation provisions. After trial, the chancellor issued an opinion and order in which he declined to set aside the divorce settlement agreement, including the child support provisions, but in which he established a procedure by which Chad and the couple’s minor child, L.P., might be reunited and begin a father-child relationship. Chad appealed the chancellor’s decision to uphold the divorce settlement agreement provisions. Laura cross-appealed the chancellor’s order to modify the visitation arrangement. The Supreme Court dismissed these appeals and remanded, finding that because the chancellor retained jurisdiction to supervise the reunification process and to revisit the case in six months for further review, the order and opinion did not constitute a final, appealable judgment. View "Wigington v. McCalop" on Justia Law

Charlene Ivy was admitted to East Mississippi State Hospital (“EMSH”) in May 2012, and she died on July 17, 2012. Alleging medical negligence by EMSH staff, Ivy’s son Spencer sent a Notice of Claim letter via certified mail dated July 11, 2013, to EMSH Director Charles Carlisle. Carlisle signed for the letter on July 15, 2013, as evidenced by a return receipt. The definitive question in this appeal was whether Carlisle, as the Director of the East Mississippi State Hospital (“EMSH”), was the proper “chief executive officer” for notice purposes under the Mississippi Tort Claims Act (“MTCA”), as opposed to the Executive Director of the Department of Mental Health (“DMH”). The trial judge found that “proper pre-suit notice” required service “upon the executive director of [DMH], not a facility manager of one of the institutions under its jurisdiction and control.” The trial judge found further that the statute of limitations was not tolled because Ivy had “failed to comply with the mandatory provisions of Section 11-46-11(1)” and dismissed Ivy’s complaint with prejudice. The Supreme Court reversed, finding that EMSH’s Director was the CEO under the MTCA, and that Ivy provided the "proper pre-suit notice. View "Ivy v. East Mississippi State Hospital" on Justia Law

A jury convicted Preston Overton of possession of cocaine and possession of a firearm by a convicted felon. The day before trial, the defense disclosed its intent to call two witnesses, but the circuit judge excluded their testimony as a discovery sanction. Because the record lacked any evidence that the defense made its late disclosure to gain a tactical advantage, the circuit judge erred by excluding Overton’s witnesses. So the Supreme Court reversed Overton’s convictions and remanded this case for a new trial. View "Overton v. Mississippi" on Justia Law

The Hinds County Youth Court found that three-year-old J.T. had been sexually abused by her father, based on a statement she made which could describe either sexual abuse or innocent contact between a father and daughter. Because the State produced no evidence to show that the child’s facially ambiguous statement described abuse, and because the youth-court judge openly and admittedly disregarded the Mississippi Rules of Evidence throughout the adjudication, the Supreme Court reversed and remanded for further proceedings. View "In the Interest of: J.T." on Justia Law

The Gulfport City Council approved the City of Gulfport’s application to use the historic Grass Lawn Home as a recreation center upon its reconstruction after Hurricane Katrina. Peter and Fay Barrett appealed the City Council’s decision, arguing that Grass Lawn was zoned exclusively for residential use and that the City had abandoned any nonconforming use on the property in question. The circuit court dismissed the Barretts’ claim as moot, and the Barretts then appealed to the Supreme Court. After review, the Supreme Court found that the circuit court correctly found that the Barretts’ appeal was rendered moot by the City’s withdrawal of its application, and the Barretts’ appeal did not meet an exception to the mootness doctrine. Accordingly, the Court affirmed the circuit court’s dismissal of the Barretts’ appeal. View "Barrett v. City of Gulfport" on Justia Law

In an interlocutory appeal, Pekin Insurance Company challenged the denial of its motion to dismiss for lack of personal jurisdiction. Pekin was an Illinois company not licensed to sell insurance in Mississippi. Pekin asserted it had not entered into a contract with a Mississippi Resident, had not committed a tort in Mississippi and had not done any business in Mississippi-- making in ineligible to be subject to the jurisdiction of Mississippi courts under the Mississippi long-arm statute. The Mississippi Supreme Court, after review of the facts of this case, found that Pekin voluntarily submitted itself to Mississippi's jurisdiction in federal court when it asked that court to resolve the same coverage dispute over which it claimed here that Mississippi courts had no jurisdiction. The Court accordingly affirmed the trial court here in denying Pekin's motion to dismiss, and remanded the case for further proceedings. View "Pekin Insurance Company v. Hinton" on Justia Law

William Burgess, a common stock shareholder of BancorpSouth, Inc., filed a shareholder derivative action after a Special Committee comprised of BancorpSouth directors and officers rejected his presuit demand. In that presuit demand and in his Shareholder Derivative Complaint, Burgess made various claims relating to alleged misrepresentations in company publications directed to shareholders following the 2008 economic downturn. Ultimately, the Circuit Court dismissed the action. Finding no reversible error in the Circuit Court's decision, the Supreme Court affirmed. View "Burgess v. Patterson" on Justia Law

Regina Corr sued Dr. Charles Robinson for medical malpractice. The jury awarded Corr $55,634.78 for past medical expenses and $420,000 for pain and suffering. Robinson filed motions for judgment notwithstanding the verdict and for remittitur, which the trial court denied. On appeal, Dr. Robinson argues that the trial court erred in excluding his proffered testimony, in admitting testimony from Regina’s expert that was outside her expert’s designation, and in denying his request for a remittitur. Finding no error, the Supreme Court affirmed the trial court's judgment. View "Robinson v. Corr" on Justia Law

Charles Bester pleaded guilty to forcible rape, and the trial judge sentenced him to life imprisonment. Bester petitioned for post-conviction relief (PCR), arguing that the forcible rape statute allowed only a jury to impose a life sentence, and absent a recommendation from a jury, a trial judge is powerless to impose such a sentence. The trial court and the Court of Appeals rejected this argument and denied Bester’s PCR motion. Agreeing with both courts, the Supreme Court affirmed. View "Bester v. Mississippi" on Justia Law