Justia Mississippi Supreme Court Opinion Summaries

Henry Morgan, Sr. filed a personal-injury suit against eighty-eight defendants, claiming injuries related to silicosis. Morgan, Sr., died while the personal-injury case was pending, and the case eventually was dismissed. More than three years after Morgan, Sr.'s death, his son, Henry Morgan, Jr., filed a wrongful-death suit individually and on behalf of all wrongful-death beneficiaries of Morgan, Sr. The defendants filed a motion for summary judgment based on the running of the statute of limitations. The trial court denied the motion. Because the wrongful-death suit was filed more than three years after the death of Morgan, Sr., the statute of limitations barred any wrongful-death and survival claims. Accordingly, the Supreme Court reversed the trial court’s judgment and render judgment in favor of the defendants. View "Empire Abrasive Equipment Corp. v. Morgan" on Justia Law

In 1992, Defendant Jeffrey Davis was convicted of murder and sentenced to death. After the Supreme Court affirmed his conviction and sentence on direct appeal, he filed a petition for post-conviction relief, claiming, among other things, that he was denied effective assistance of counsel at the sentencing phase of his trial. Based on the evidence produced by Defendant's new counsel (evidence that was available to but never discovered or produced by his trial counsel), the Court reversed the trial court's denial of post-conviction relief and remanded the case for a new sentencing trial. View "Davis v. Mississippi" on Justia Law

Gary Fordham, David Thompson, and Venture Sales, LLC appealed a chancery court order that dissolved Venture Sales pursuant to Mississippi Code Section 79-29-802 (Rev. 2009). Walter Ray Perkins owned 27.7 acres of land. Sometime in the late 90s, he was approached by Fordham and Thompson about a potential business venture involving his land. Perkins, Fordham, and Thompson eventually agreed that Fordham and Thompson would acquire the 438 acres of land that adjoined Perkins's land; the parties would combine their respective land, along with some cash, and form a venture to develop the land. Following the contributions, the operating agreement of Venture Sales was revised to reflect the arrangement. The parties signed the new operating agreement in 2000. In February 2010, Perkins filed an application for judicial dissolution of Venture Sales. Following a trial, the chancellor found that, based on the property's history, the company's inability to get funding for development, and the uncertainty regarding the economic climate in the area, it was not reasonably practicable to carry on the business of Venture Sales. The chancellor therefore ordered the company dissolved. Upon review, the Supreme Court determined that the chancellor's decision to order the dissolution of Venture Sales was not an abuse of discretion: substantial evidence existed supporting the chancellor's determination that it was not reasonably practicable for Venture Sales to carry on business in conformity with its operating agreement. View "Venture Sales, LLC v. Perkins" on Justia Law

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

Property owners (collectively, "the Rhalys") sued the City of Jackson for flooding to their properties allegedly caused by the City's failure to maintain a ditch. The Circuit Court of Hinds County struck the City's answer due to "gross indifference to its discovery obligations," based upon its failure to produce the "Streets, Bridges, and Drainage Division of the Public Works Department Operations and Maintenance Policy Manual." The court entered a default judgment in favor of the Rhalys. The Court of Appeals affirmed. The City appealed. Upon review, the Supreme Court concluded that the City indeed exhibited "gross indifference to its discovery obligations" and affirmed both the circuit court and the Court of Appeals. View "City of Jackson v. Rhaly" on Justia Law

After an insolvent employer's insurance company also became insolvent, the Mississippi Workers' Compensation Self-Insurers Guaranty Association (SIGA) made workers' compensation payments to an injured worker. SIGA sued the Mississippi Insurance Guaranty Association (MIGA) for reimbursement of those payments, and the trial court ordered reimbursement. The issue came before the Supreme Court who, after consideration, concluded that SIGA's claim against MIGA did not fall within the statutory definition of a "covered claim," and reversed the trial court’s reimbursement decision. View "Miss. Insurance Guaranty Ass'n v. Miss. Workers' Comp. Indv. Self-insurer Guaranty Ass'n" on Justia Law

In 2002, Dung Thi Hoang Nguyen stopped behind Karen Thompson at a red light. In reaching for her purse, her foot slipped off the brake and her car bumped into Thompson's. Neither car was damaged. The two exchanged insurance information without calling the police. But after Thompson arrived at her parents' home, her father told her to get a police report for her insurance provider, so Thompson called Nguyen, who agreed to meet her at the police station that night. A few days later, Thompson visited her physician complaining of neck pain. An MRI of Thompson’s spine revealed a preexisting degenerative-disc disease associated with disc bulges. And despite ongoing therapy, Thompson continued to complain of headaches, insomnia, depression, and neck pain until, in 2004, she was referred to a neurosurgeon, who performed surgery in 2005, Thompson to treat her abnormal discs. Thompson filed suit against Nguyen, seeking $234,316.49 in compensation. Nguyen admitted liability but contested that the accident had caused Thompson that much damage. A jury awarded Thompson $9,131– the exact amount of her physical therapy bills, but she filed a motion for additur or a new trial on damages alone, which the circuit court denied. Thompson appealed, and the Court of Appeals reversed and remanded for a trial on damages. The jury awarded Thompson less than the amount requested. Thompson appealed the jury’s second award. Because causation was central to Thompson's argument for the new damages award, the Supreme Court found it a question of fact for the jury, and affirmed its award. View "Thompson v. Nguyen" on Justia Law

The Supreme Court granted certiorari in this case to address whether in a driving-under-the-influence trial, the admission of intoxilyzer calibration records, in lieu of the live testimony of the person who calibrated the Clause contained in the Sixth Amendment to the United States Constitution. Finding no constitutional violation, the Court affirmed the judgments of the Court of Appeals and the Madison County Circuit Court: "[the are nontestimonial in nature. Therefore, [Defendant's] Confrontation-Clause rights were not violated." View "Matthies v. Mississippi" on Justia Law

In 2006, Petitioner Chander Khurana was audited by the Mississippi State Department of Revenue (MSDR) and assessed taxes. Petitioner appealed the assessments to the Board of Review and eventually the full State Tax Commission, both of which affirmed the assessment. In 2007, Petitioner filed his appeal of the assessments to the Chancery Court; however he did not pay the taxes or post a bond at the time he filed his petition as required by statute. MSDR filed a motion for summary judgment and dismissal, arguing Petitioner failed to perfect his appeal. The chancellor denied the motion and ultimately affirmed the assessments. Petitioner appealed to the Supreme Court claiming the full Commission and chancery court acted arbitrarily and capriciously. MSDR cross-appealed, claiming the chancellor erred in denying its motion for summary judgment and dismissal. Upon review, the Supreme Court concluded Petitioner failed to comply with the statutory requirements of paying the tax or bond. Therefore, the chancery court did not have appellate jurisdiction over Petitioner's appeal, and should have granted MSDR's motion for summary judgment and dismissal. The Court reversed the judgment of the chancery court and rendered judgment for the Mississippi Department of Revenue. Because the chancery court should not have reached the merits of the case, the chancery court's order affirming the assessments was vacated. The order of the Commission remained in effect. View "Khurana v. Mississippi Dept. of Revenue" on Justia Law

The issue before the Supreme Court concerned a custody dispute on interlocutory appeal. The Lauderdale County Youth Court denied Theresa and Ralph Anderson's Motion to Transfer Jurisdiction to the Chancery Court of Neshoba County in the matter involving neglected and abused minors. Aggrieved, the Andersons appealed, arguing that the youth court erred in retaining jurisdiction over the matter because chancery courts have jurisdiction over custody matters, and because the youth court previously terminated its jurisdiction over the minors involved. Upon review, the Supreme Court found no error and affirmed the order of the youth court denying the Motion to Transfer Jurisdiction. View "In the Interest of M.I. and T.I." on Justia Law