Justia Mississippi Supreme Court Opinion Summaries

In September 2019, Robert McGowen filed a complaint in circuit court alleging that he had been sexually abused by a priest at Sacred Heart Catholic Church in 1984 and 1985 when McGowen was twelve to thirteen years old. According to McGowen, he repressed the memories until December 2018. Sacred Heart Catholic Church and the Roman Catholic Diocese of Biloxi answered the complaint and moved to dismiss based on the expiration of the statute of limitations in Mississippi Code Section 15-1-49. In April 2020, the circuit court entered an order dismissing the complaint without prejudice. McGowen appealed. Accepting the allegations in the complaint as true, the Mississippi Supreme Court concluded the trial court erred by finding that McGowen failed to state a claim. "Based on the allegations, we cannot agree that there is no set of facts upon which McGowan could recover; the decision of the circuit court is reversed and remanded." View "McGowen v. Roman Catholic Diocese of Biloxi" on Justia Law

Jim Harreld and Karl Banks ran for the position of District 4 Supervisor in Madison County, Mississippi. Banks won the November 5, 2019 election by fifty-seven votes. The Madison County Election Commission certified Banks as the winner of the election. Harreld challenged the election and asked the trial court to order a special election or to declare him the winner of the November election. The Madison County Circuit Court affirmed the election as certified. Harreld appealed. Finding no reversible error in the circuit court's order, the Mississippi Supreme Court affirmed. View "Harreld v. Banks" on Justia Law

Jean Hardin filed a claim with Farm Bureau, her homeowner’s insurance carrier, following an alleged sudden collapse in the floor of her home. After Farm Bureau denied the claim, Hardin sued Farm Bureau for specific performance, breach of contract, fraud, misrepresentation, damages, emotional harm and upset, depression, attorneys’ fees, costs of litigation, and punitive damages related to Farm Bureau’s denial of coverage for damage to Hardin’s home. Farm Bureau filed a motion for summary judgment, which the trial court denied. Farm Bureau sought, and the Mississippi Supreme Court granted, interlocutory appeal. The Court reversed, finding the trial court erred in denying Farm Bureau’s motion for summary judgment because Hardin demonstrated proof that the water damage to her home was caused by the failure of the Town of Leakesville to maintain the ditch beside her home. Thus, because Hardin’s damages were not covered under the policy, Farm Bureau was entitled to summary judgment. View "Mississippi Farm Bureau Casualty Insurance Company v. Hardin" on Justia Law

Mississippi Baptist Medical Center (MBMC) sought, and the Mississippi Supreme Court granted interlocutory appeal challenging a circuit court's denial of its motion for summary judgment. Mississippi Baptist Health System (MBHS) also appealed the circuit court’s order granting summary judgment in its favor, claiming that the circuit court erred by granting the judgment without prejudice instead of with prejudice. In 2016, Roosevelt Ard arrived at the emergency room at MBMC complaining of chest pain and leg numbness after earlier undergoing an outpatient cardiac stress test. Ard was checked by two nurses and seen by an emergency room physician, Dr. William Dawson, an emergency-medicine physician employed by Mississippi Physicians, LLP. Dr. Dawson ordered one shot of Dilaudid for Ard’s pain. He then ordered a chest X-ray and EKG, which were both normal, ruling out cardiovascular issues. Dr. Dawson diagnosed Ard with acute back strain and discharged him with a prescription for oral pain relief and muscle relaxants. Eight hours after being discharged, Ard became unresponsive at home and was rushed to the emergency room at University of Mississippi Medical Center (UMMC) via ambulance, where he was pronounced dead after cardiac arrest. Ard’s autopsy report showed that the cause of death was aortic dissection. Plaintiffs, Ard's family, filed a complaint against MBMC, MBHS, Dr. Dawson, and Mississippi Physicians, arguing: (1) MBMC was vicariously liable for the medical care rendered by Dr. Dawson at MBMC’s emergency department; and (2) MBMC was vicariously liable for the allegedly negligent care provided by its nursing employees in the emergency department. After the Plaintiffs did not answer MBMC and Dr. Dawson’s propounded discovery for two years, MBMC filed a motion for summary judgment. MBMC claimed it was not vicariously liable and that negligence could not have proximately caused Ard’s injuries. The Mississippi Supreme Court found that the circuit erred by denying MBMC’s motion for summary judgment since the Plaintiffs failed to establish the element of causation in their medical-malpractice claim against MBMC. The Court also found that the circuit court erred by not dismissing the Plaintiffs’ claims against MBHS with prejudice. View "Mississippi Baptist Health Systems Inc. et al. v. Harris" on Justia Law

Methodist Specialty Care Center (Specialty), a hospital-based nursing facility owned by Methodist Rehabilitation Center (Methodist), included an allocation of Methodist’s Medicaid Assessment in its nursing-facility cost report. The Division of Medicaid (DOM) disallowed the allocation for Specialty’s cost report, finding that Methodist’s assessment was not an allowable cost for Specialty. Specialty appealed the decision to the Chancery Court, which affirmed the decision of the DOM. Because Methodist’s assessment was not an allowable cost for Specialty under the plain language of the State Medical Plan (Plan) and the Medicaid statutory structure, the Mississippi Supreme Court affirmed the decisions of the DOM and the chancery court. View "Mississippi Methodist Hospital & Rehabilitation Center, Inc. v. Mississippi Division of Medicaid et al." on Justia Law

Curtis Valentine appealed his conviction of aggravated driving under the influence (DUI), claiming the circuit court erred by denying his motion for a judgment notwithstanding the verdict (JNOV) and by denying his proposed jury instruction defining “under the influence.” Finding no reversible error in the circuit court’s decision, the Mississippi Supreme Court affirmed. View "Valentine v. Mississippi" on Justia Law

At issue in this case was a custody dispute between the mother of an eleven-year-old boy and the boy’s paternal grandparents. “John” had been living in his grandparents’ home for about six years at the time of the judgment, and the chancery court ultimately found that John’s mother had deserted him and that it was in John’s best interest that his grandparents be awarded custody. The Mississippi Supreme Court did not find that judgment to be an abuse of discretion, so it affirmed the chancery court’s judgment. View "Summers v. Gros" on Justia Law

Attorney Malcolm Murphy requested his client, Kenneth Borries, sign three promissory notes for legal services rendered. After Borries failed to pay the notes, Murphy filed suit. Borries appealed a trial court’s grant of summary judgment in favor of Murphy. Because Borries did not deny voluntarily signing the promissory notes and because the notes contained clear and unambiguous terms, the Mississippi Supreme Court affirmed the trial court’s grant of summary judgment in favor of Murphy. View "Borries v. Murphy" on Justia Law

Defendant Duane Henderson contacted April Newman through Facebook Messenger; she believed Henderson was offering to sell her methamphetamine. Newman contacted police suggesting she could set up a controlled drug delivery from Henderson. At a narcotics officer’s direction, Newman set up the controlled delivery. Officers then set up on Interstate 20, waiting for Henderson to drive by with the suspected drugs. Henderson consented to a search of his vehicle and person. When officers searched Henderson’s boots, they found a clear plastic bag containing methamphetamine. A grand jury returned a two-count indictment charging Henderson with conspiracy to distribute methamphetamine and possession of more than two but less than ten grams of methamphetamine with intent to distribute. The grand jury also charged Henderson as a subsequent drug offender and a habitual offender. At trial, the parties stipulated the bagged substance in Henderson’s boot was 3.16 grams of methamphetamine. The jury found Henderson guilty on both counts. The judge sentenced Henderson to twenty years on the conspiracy conviction. And on the possession with intent to distribute conviction, because Henderson was a subsequent drug offender, the judge exercised discretion and sentenced Henderson to forty years, double the statutory maximum. The judge ordered the two sentences to be served consecutively to one another and any other sentence Henderson was currently serving. Henderson’s appellate counsel filed a Lindsey brief, certifying there were no arguable issues for appeal. Henderson submitted several pro se filings. After review, the Mississippi Supreme Court determined the State failed to prove Henderson conspired with anyone to distribute methamphetamine; Newman’s involvement was, at most, a drug user, not a co-conspirator to distribute drugs. On this basis, the Supreme Court reversed the conspiracy conviction. The Court found sufficient evidence supporting the possession charge. View "Henderson v. Mississippi" on Justia Law

This dispute centered on an acre of land in Scott County, Mississippi, arising from a counterclaim of T & W Homes Etc, LLC (T & W), which claimed T & W acquired the property by adverse possession. At the trial level, James and Terry Crotwell (the Crotwells) contended that T & W did not acquire the property by adverse possession or quitclaim deed, arguing that T & W could not satisfy the requirements for tacking its time to that of its predecessor, Richard Prestage. The Crotwells took this position, claiming that the foreclosure sale by which T & W had acquired the property was void. After a hearing, the chancellor concluded that Prestage had satisfied the adverse possession elements and that, even if the foreclosure sale were void, the quitclaim deed, which was executed seven years after the foreclosure, conveyed title to T & W. The Crotwells appealed. The Mississippi Supreme Court found that even though the 2006 deed of trust was void ab initio and the foreclosure sale likewise was void, Prestage acquired title to the property in 2008 through adverse possession for the requisite ten years. Further, the Court found that Prestage did not lose the title until he conveyed it to T & W by means of a quitclaim deed in 2018. Therefore, the Court affirmed the chancellor’s decision. Title to the real property belonged to T & W. View "Crotwell v. T & W Homes Etc, LLC" on Justia Law