Justia Mississippi Supreme Court Opinion Summaries

A patient underwent a laparoscopic bilateral tubal ligation and endometrial ablation performed by a physician at a women’s clinic. About a week after the procedure, she experienced severe abdominal pain and was hospitalized for sepsis. An exploratory surgery revealed a perforated small bowel, which was surgically repaired. The patient subsequently recovered.The patient filed a medical negligence lawsuit in the Hinds County Circuit Court against the clinic and the physician, attaching the required certificate of expert consultation to her complaint. The defendants moved for summary judgment, supporting their motion with an expert affidavit. The plaintiff did not timely file an expert affidavit or testimony in response. On the day before the scheduled summary judgment hearing, she filed a response without any expert affidavit. The circuit court denied the summary judgment motion and granted her an additional thirty days to obtain an expert affidavit. After she submitted an expert affidavit and a second hearing was held, the circuit court again denied summary judgment, finding that the competing expert affidavits created a genuine issue of material fact.On interlocutory appeal, the Supreme Court of Mississippi reviewed the circuit court’s denial of summary judgment de novo and its grant of additional time for abuse of discretion. The Supreme Court held that, in medical malpractice cases, a plaintiff must produce sworn expert testimony to survive summary judgment. The court found that the plaintiff failed to provide such testimony before the initial hearing and that the circuit court abused its discretion by granting additional time without a specific finding of diligence or good faith. The Supreme Court reversed the circuit court’s judgment and rendered summary judgment in favor of the defendants. View "Lakeland Premier Women's Clinic, PLLC v. Jackson" on Justia Law

A minor child, J.B., was placed in the custody of the Mississippi Department of Child Protection Services (CPS) in May 2021 and subsequently placed with foster parents, John and Amy Caldwell, in June 2021. The initial permanency plan was reunification with a parent or placement with a relative. In October 2022, J.B.’s maternal great aunt, Wanda Hines, learned of the proceedings and sought placement of J.B. with her and her husband, James Hines, in Georgia. After the youth court terminated the parental rights of J.B.’s biological parents in December 2022, both the foster parents and the relatives sought to adopt J.B.The DeSoto County Chancery Court first granted the foster parents’ petition for adoption, but the relatives intervened and challenged the adoption, arguing that CPS policy and the foster contract required exhaustion of family placement options before adoption by non-relatives. CPS also sought dismissal or a stay, asserting ongoing efforts for relative placement. The chancellor initially issued a temporary order granting the foster parents custody and the relatives visitation, but the Supreme Court of Mississippi reversed this order on interlocutory appeal for lack of a hearing and remanded for a full hearing.On remand, the chancery court held a hearing and found that the best interest of the child was the controlling factor, not a preference for relatives. The court determined that J.B. had lived with the Caldwells for most of her life, was thriving in their care, and that placement with them would avoid unnecessary trauma. The Supreme Court of Mississippi affirmed the chancery court’s decision, holding that the best interest of the child prevails over CPS policy or contractual arguments, and that substantial credible evidence supported the adoption by the foster parents. The court also rejected the relatives’ judicial estoppel argument. View "In the Matter of the Petition for the Adoption of the Minor Child v. Caldwell" on Justia Law

Late one night, a man called police twice, claiming he was being chased, and was found by officers pounding on a homeowner’s door in Beaumont, Mississippi. The man appeared erratic and admitted to drinking. He gave police permission to search his vehicle, which he referred to as “his” car. Inside, officers found a sunglasses case on the dashboard containing a glass pipe and a bag of methamphetamine. While being transported to jail, the man remarked that he “should have gotten rid of that shit before [he] called” the police. Subsequent testing confirmed the substance was methamphetamine, and he was indicted for possession of more than one-tenth gram but less than two grams of a Schedule II controlled substance.The case was tried in the Perry County Circuit Court, where a jury found the defendant guilty of possession of methamphetamine. The court sentenced him to three years in the custody of the Mississippi Department of Corrections. The defendant appealed, arguing that the evidence was insufficient to prove he constructively possessed the methamphetamine and that the verdict was against the weight of the evidence.The Supreme Court of Mississippi reviewed the case. Applying the standard of viewing evidence in the light most favorable to the State, the court held that a rational juror could find the defendant exercised dominion and control over the vehicle and knew about the methamphetamine, especially given his statements and behavior. The court distinguished this case from Ferrell v. State, 649 So. 2d 831 (Miss. 1995), finding additional incriminating circumstances beyond mere proximity. The court concluded that the evidence was sufficient and the verdict was not against the overwhelming weight of the evidence. The conviction and sentence were affirmed. View "Moody v. State of Mississippi" on Justia Law

An employee at a dental clinic within a correctional facility alleged that she was sexually assaulted by an inmate while working in her office. The incident occurred when the inmate entered her office, closed the door, and, according to her testimony, physically restrained and sexually assaulted her. The victim immediately reported the incident to her supervisor and underwent a forensic examination, which revealed DNA evidence consistent with the inmate being the primary contributor. The inmate claimed the encounter was consensual and that he and the victim had a prior relationship, but no evidence supported this assertion.The Circuit Court of Rankin County presided over the trial, during which the jury found the inmate guilty of sexual battery. The court sentenced him to thirty years’ imprisonment as a habitual offender. The defendant filed post-trial motions for a new trial or judgment notwithstanding the verdict, arguing insufficient evidence and that the verdict was against the overwhelming weight of the evidence. The trial court denied these motions, leading to the present appeal.The Supreme Court of Mississippi reviewed the case, applying a de novo standard to the sufficiency of the evidence and an abuse-of-discretion standard to the weight of the evidence. The court held that the evidence, including the victim’s testimony and supporting forensic findings, was sufficient for a rational jury to find guilt beyond a reasonable doubt. The court also found that the verdict was not so contrary to the weight of the evidence as to constitute an injustice. Accordingly, the Supreme Court of Mississippi affirmed the conviction, sentence, and denial of post-trial motions. View "Mayfield v. State of Mississippi" on Justia Law

A married couple with two young children experienced a breakdown in their relationship, leading to separation in 2020. The husband, who lived near his supportive family, filed for divorce and sought primary custody of the children, citing concerns about the wife’s mental health, including her history of depression and suicide attempts. The wife, who lacked a family support network but maintained employment and support from friends, counterclaimed for divorce and also sought custody, alleging the husband’s controlling behavior and alcohol use. Both parties presented conflicting testimony regarding their roles as caregivers and the circumstances leading to their separation.The Choctaw County Chancery Court initially entered a temporary custody order, alternating physical custody every fifteen days. The parties later agreed to divorce on the ground of irreconcilable differences, leaving custody and support to the chancellor. After a trial, the chancellor applied the Albright factors and found that the mental health and moral fitness factors slightly favored the husband, awarding him primary physical custody while granting joint legal custody. The wife moved for a new trial and for the chancellor’s recusal, arguing errors in the Albright analysis and alleging judicial bias, but both motions were denied.On appeal, the Supreme Court of Mississippi reviewed the chancellor’s findings under a deferential standard, asking whether they were supported by substantial evidence and whether the correct legal standards were applied. The court held that the chancellor did not abuse his discretion in weighing the mental health and moral fitness factors, nor was there reversible error in the lack of specific findings regarding detrimental impact. The court also found no merit in the claims of judicial bias or error in denying a new trial. The Supreme Court of Mississippi affirmed the judgment of the Chancery Court. View "Edwards v. Edwards" on Justia Law

After the death of Gary Wayne Johnson, who died without a will in 2021, his sister, Zoa Ann Manners, opened his estate and filed a creditor’s claim. Her claim was based on a document titled “Article of Agreement,” which Gary had prepared, signed, and delivered to her in 2002. Zoa Ann argued that this document created a contractual obligation for Gary, and subsequently his estate, to distribute a one-fourth interest in certain real property (specifically, Lots 12 and 13 of Lenzi Farms Subdivision) to her and her sisters, in accordance with their parents’ wills. The document was notarized but never recorded, and its language referenced the parents’ testamentary intentions.The Chancery Court of Marshall County held a hearing on Zoa Ann’s claim. After considering her testimony and the document, the chancery court found that the Article of Agreement was ambiguous, lacked sufficient clarity to convey a present interest in land, and did not meet the requirements of a deed or a contract. The court denied her claim against the estate. Zoa Ann appealed, and the Mississippi Court of Appeals reversed the chancery court’s decision, holding that the Article of Agreement did constitute a valid deed conveying a vested future interest in the property, and remanded the case for further proceedings.The Supreme Court of Mississippi reviewed the case on certiorari. It held that the Article of Agreement did not create a contractual obligation nor did it operate as a valid deed, as it failed to convey a present interest in the property and was testamentary in nature. The Supreme Court reversed the judgment of the Court of Appeals and reinstated and affirmed the judgment of the Chancery Court of Marshall County, denying Zoa Ann’s claim. View "In the Matter of the Estate of Gary Wayne Johnson v. The Estate of Gary Wayne Johnson" on Justia Law

Two parties, both experienced in the grocery business, negotiated the sale of a grocery store’s inventory, stock, and equipment for $175,000. The agreement was reached orally and memorialized with a handshake, but no written contract was signed. Following the oral agreement, the buyers took control of the store, closed it for remodeling, met with employees, and were publicly identified as the new owners. However, within two weeks, the buyers withdrew from the deal, citing issues with a third-party wholesaler. The sellers, having already closed the store and lost perishable goods, were unable to find another buyer and subsequently filed suit.The sellers brought ten claims in the Lee County Circuit Court, including breach of contract, estoppel, and negligent misrepresentation. The buyers moved to dismiss, arguing that the Statute of Frauds barred enforcement of the oral agreement because the sale involved goods valued over $500 and no signed writing existed. The circuit court agreed, dismissing the contract and estoppel-based claims, as well as the negligent misrepresentation claim, but allowed other claims to proceed. The sellers appealed the dismissal of the contract and estoppel claims.The Supreme Court of Mississippi reviewed the case de novo. It held that the sellers’ complaint plausibly invoked two exceptions to the Statute of Frauds under Mississippi law: the merchants’ exception and the part-performance exception. The Court found that, at the motion to dismiss stage, it could not determine as a matter of law that no valid contract existed under these exceptions. Therefore, the Supreme Court of Mississippi reversed the circuit court’s dismissal of claims (1) through (7) and remanded the case for further proceedings. View "Palmer's Grocery Inc. v. Chandler's JKE, Inc." on Justia Law

A roofing and repair company was audited by the Mississippi Department of Revenue (MDOR) for sales tax compliance. The first audit, covering 2011 to 2014, resulted in a modest assessment, with insurance-related repair jobs treated as nontaxable. A second audit, covering 2014 to 2017, led to a much larger assessment, including taxes on insurance-related jobs and a special city tax. The company challenged the assessment, arguing that certain jobs were not taxable and that the city tax should not apply to work performed outside city limits.After the second audit, the company appealed to MDOR’s Board of Review, which reduced the assessment. The company then appealed to the Board of Tax Appeals (BTA), which further reduced the tax owed and found in the company’s favor on three key issues: the city tax did not apply to jobs outside the city, a previously audited period should not be included in the new audit, and the company was entitled to relief for insurance jobs based on the prior audit’s treatment. The company paid the reduced assessment. MDOR, dissatisfied with the BTA’s reductions, appealed to the Chancery Court of Hinds County on those three issues. The company did not appeal or cross-appeal any issues, including an unresolved question about the taxability of certain jobs.The Chancery Court granted summary judgment to the company on all issues appealed by MDOR. The company then sought reconsideration, asking the court to address the unappealed, ancillary tax question, but the court denied the request, citing lack of jurisdiction. The Supreme Court of Mississippi affirmed, holding that only issues properly appealed from the BTA could be considered and that courts do not issue advisory opinions on unraised questions. The chancellor’s denial of post-judgment relief was not an abuse of discretion. View "Watkins Construction, Inc. v. Mississippi Department of Revenue" on Justia Law

A school resource officer employed by the Lee County School District was fatally injured while directing traffic on a state highway when a speeding motorist struck his parked vehicle, causing it to hit him. At the time, a warning sign intended to alert drivers to the school zone was allegedly inoperable. The officer’s wife received workers’ compensation benefits from his employer, but his two adult sons did not. The sons filed a wrongful death lawsuit against the Mississippi Department of Transportation (MDOT), alleging negligence in maintaining the warning sign and failing to warn of a dangerous condition.The case was heard in the Lee County Circuit Court. MDOT moved for summary judgment, arguing it was immune from suit under Mississippi Code Section 11-46-9(1)(l) because the decedent was a governmental employee whose injury was covered by workers’ compensation. The sons opposed, contending the statute did not bar their claims as wrongful death beneficiaries and, if it did, that the statute was unconstitutional. The trial court granted summary judgment to MDOT, finding the statute applied and provided immunity, and also upheld the statute’s constitutionality.On appeal, the Supreme Court of Mississippi reviewed the statutory interpretation and constitutional challenge de novo. The court held that wrongful death beneficiaries stand in the position of the decedent, and because the decedent could not have sued MDOT due to statutory immunity, neither could his sons. The court further held that Section 11-46-9(1)(l) does not violate the Mississippi Constitution’s remedy clause or the Equal Protection Clause of the U.S. Constitution, as the statute is rationally related to the legitimate purpose of protecting public funds. The Supreme Court of Mississippi affirmed the trial court’s orders granting summary judgment and upholding the statute’s constitutionality. View "Patterson v. State of Mississippi, ex rel. Attorney General Fitch" on Justia Law

A pet food manufacturer, Sunshine Mills, had a longstanding business relationship with Nutra-Blend, a supplier of animal nutrient products. For years, Sunshine Mills ordered a specific concentration of Vitamin D3 (Vitamin D3 7500) from Nutra-Blend for use in its dog food. In 2017, due to a miscommunication, Nutra-Blend shipped a different, much more concentrated product (Vitamin D3 500) instead. Sunshine Mills, unaware of the difference and believing Nutra-Blend only sold one type of Vitamin D3, accepted and used the product, resulting in several dogs developing Vitamin D toxicity, with some becoming ill or dying.After the incident, Sunshine Mills sued Nutra-Blend in the Lee County Circuit Court, alleging breach of contract, breach of implied warranty, a claim under the Mississippi Products Liability Act (MPLA), and common-law negligence. Nutra-Blend moved for summary judgment, arguing that all claims were subsumed by the MPLA and failed on other grounds. Sunshine Mills abandoned its tort-based claims, leaving only the contract-based claims. The Lee County Circuit Court granted summary judgment to Nutra-Blend on all claims, finding no genuine issues of material fact.The Supreme Court of Mississippi reviewed the case and held that the MPLA does not govern Sunshine Mills’ remaining claims because they do not allege damages caused by a defective product, but rather by breach of contract and implied warranty. The court clarified that the MPLA applies only to claims for damages caused by defective products, not to contract-based claims between commercial entities. The court also found that genuine issues of material fact existed regarding both the breach of contract and implied warranty claims, precluding summary judgment. Accordingly, the Supreme Court of Mississippi reversed the trial court’s decision and remanded the case for further proceedings. View "Sunshine Mills, Inc. v. Nutra-Blend, LLC" on Justia Law