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THE Mississippi JURY VERDICT REPORTER BLOG
A quick look at verdicts, trial news or other stories of interest to Mississippi litigators.
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Published 2-7-25
Complex Ob-Gyn Med Mal in Meridian results in a defense verdict after two weeks of trial
This interesting Ob-Gyn Med Mal concerned not just one but three deliveries. At the first in 2012 it was alleged the plaintiff's Ob-Gyn caused or failed to detect and repair a cervix laceration. This led to a premature and fatal delivery in 2017, and then to another premature delivery in 2019 that left that surviving child with cerebral palsy. It was only at this time that the plaintiff learned of the initial cervix injury.
The plaintiff blamed the Ob-Gyn for the initial injury and his care between 2012 and 2017. The hospital nurses were implicated for their care in 2012 only. The defense contested if there was an injury and the subsequent premature deliveries (and resulting injuries) were related to their causes.
The case was tried for two weeks in Meridian before Judge Charles Wright. A defense verdict was returned.
Full report coming in the February 2025 edition of the Mississippi Jury Verdict Reporter. Subscribe to the MsJVR.
Heber S. Simmons, III and A. Bryan Smith, III, Simmons Dallas, Ridgeland for the plaintiff
John Wheeler, Mitchell McNutt & Sams, Tupelo for Acosta (Ob-Gyn)
C. Maison Heidelberg and Trhesa Barksdale Patterson, Heidelberg Patterson Welch Wright, Ridgeland for Rush Hospital
Published 1-27-25
Defense verdict in Hinds County trucking case (Ashley Ogden for the plaintiff) where trucker made a right turn after shifting left
A trucker proceeded on two-lane Industrial Drive in Jackson was preparing to make a right turn into a business. As he made the turn, the trucker struck a pick-up truck (to his right) driven by the plaintiff. Plaintiff blamed the trucker for drifting left into the left lane (it was a two-lane road) and then turning right and striking the plaintiff. Plaintiff had a shoulder surgery and incurred medical bills of $47,001.
Defendant replied it was a two-lane road and as he made his right turn safely, the plaintiff tried to pass him on the right.
Case tried in Jackson for four days - - Defense verdict.
J. Ashley Ogden, Ogden & Associates, Jackson for the plaintiff
Jamie D. Travis, Gibbs Travis, Jackson and William W. Simmons, Glover Young Hammack Walton & Simmons, Meridian defending
Report coming in the February edition, 16 MsJVR 2. Subscribe to the Mississippi Jury Verdict Reporter.
The handwritten jury verdict form -- NO!
Published 12-16-24
Oil change gone wrong (lug nuts not tightened) led the plaintiff's wheel to fall off -- $5,000 verdict in Copiah County
There was an unusual case tried in Hazlehurst (12-4 and 12-5) that resulted in a $5,000 verdict. The plaintiff (the local city school superintendent) took his vehicle to Rapid Oil Change to have the oil changed and the wheels rotated. A technician failed to tighten lug nuts on a tire. The plaintiff drove away and his vehicle was jerked when the wheel fell off.
Plaintiff treated for soft-tissue injuries including with a chiropractor. The defense admitted fault and diminished the injury with an expert, Dr. Eric Amundson.
The jury awarded the plaintiff $2,500 for both economic and non-economic damages for a total of $5,000. The plaintiff has since moved for a new trial and argued the verdict was inadequate. That motion is pending.
Carroll Rhodes, Hazlehurst for the plaintiff
Jason H. Strong and Ivy Painter, Daniel Coker Horton & Bell, Madison defending Rapid Oil Change
Report coming in the January 2025 edition of the Mississippi Jury Verdict Reporter
Published 11-21-24
Shoulder dystocia birth injury Med Mal in DeSoto County on 11-15-24
Last Friday (11-15-24) a Med Mal concluded in Hernando. A child was delivered by an Ob-Gyn (Dabney Hamner) to an obese woman (345 pounds) and the child suffered a shoulder dystocia injury. Plaintiff alleged the doctor should have appreciated the danger of shoulder dystocia (the baby was macrosomiac) and done an unlabored c-section. The doctor replied the shoulder dystocia was a complication that was properly handled and the child (now 8) had only a mild brachial plexus injury and enjoys an excellent prognosis.
The plaintiff's liability expert was Hugh Ehrenberg, Ob-Gyn, Penn Valley, PA. Hamner relied on Dr. Martin Tucker, Ob-Gyn, Jackson. There were also causation experts. See the links below for case documents:
The case was tried a week for a week. The jury returned a handwritten verdict for the doctor and the plaintiff took nothing. No final judgment had been entered a week later.
David C. Dunbar and Kim D. McCormack, DunbarMonroe, Ridgeland for the plaintiff
Tommie Williams, Sr. and Tommie Williams, Jr., Upshaw Williams Biggers & Beckham, Greenwood defending
Full report coming in the December 2024 edition, 15 MsJVR 12.
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Published 10-23-24
$3.1 million med mal verdict this week in Vicksburg -- Plaintiff suffered a fatal hemothorax event while being treated for pneumonia
After a week-long med mal in Vicksburg, there was a verdict on Monday before Judge Chaney.
The plaintiff (a budget analyst for the U.S. Government, age 65), was admitted to the hospital with bilateral pneumonia. She underwent a procedure to drain fluid from her lung but in the process suffered a bleed into the pleural space. This is called a hemothorax. The bleed was not noted and two hours later the woman was dead.
Her estate alleged negligence by a hospital nurse in failing to appreciate the injury, or alternatively, an attending physician (the nurse said she told him) for failing to intervene after being advised. The delay allowed the blood to accumulate which led to lung compromise and death. The case was presented against the hospital (it employed the nurse and the doctor) and from the plaintiff's perspective, it was an either/or negligence between the nurse or the doctor.
The hospital's defense focused that the plaintiff's demise was caused by her critical pneumonia illness. It was not the hemothorax that killed her but rather that untreatable pneumonia. Its expert was a leading national pathologist from Atlanta, GA, Dr. David Schwartz.
The jury found for the plaintiff and awarded the estate $450,000 for lost retirement and $300,000 more for lost household services. The non-economic damages totaled $2.35 million, representing $1.5 million for the families loss of love and affection and $850,000 more for the decedent's pain and suffering. No judgment has been entered at this time but presumably the non-economic damages will be limited to $1,000,000 (a reduction from $2.35 million) because of Mississippi's tort scheme. That would equate to a final judgment of $1.75 million or a savings of $1,350,000 for the hospital.
Full report coming in the November 2024 edition of the Mississippi Jury Verdict Reporter, 15 MsJVR 11.
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This case had an interesting aside. Judge Chaney sanctioned a lawyer for the hospital for what the court concluded was an improper and dilatory cross-examination of an expert witness, ordering the lawyer to pay one-half of the expert witness fee. A portion of the order is reproduced below.
Rick G. Davis (pictured below )and David W. Shelton, Shelton Davis, Flowood for the plaintiff
R.E. “Gene” Parker, Jr., Penny B. Lawson and Clifford C. Whitney, III, Parker Lawson, Vicksburg and Michael B. Wallace, Wise Carter Child & Caraway, Jackson defending the hospital
Judge James Chaney presiding
The jury verdict returned on 10-21-24 in Vicksburg
Published 10-16-24
$876,379 premises liability verdict in Jackson
Following a three-day trial (ending 9-18-24), the plaintiff took a $876,379 premises verdict in Jackson before Judge Peterson. The award represented medicals of $30,000, $30,378 more for future care and $816,001 (an odd number) for pain and suffering.
What happened? As the plaintiff left her apartment on a dark and rainy night, she walked past a rain-filled hole, and in dodging that hole, she stepped into another hole. She tripped and fell, sustaining a knee injury in the process. She underwent a meniscal tear and will require a future knee replacement.
Plaintiff sued the apartment complex and alleged negligence in maintaining the premises. Apartment complex replied that, (1) the condition was ordinary in the Jackson area, (2) the plaintiff should have appreciated it, and (3) she had pre-existing conditions.
Pending at this time is the defense JNOV motion challenging the verdict.
Full report (attorneys, experts, post-trial motions, the whole nine yards) in the November 2024 edition, 15 MsJVR 11.
The v-shaped hole where Mayze fell
Published 10-10-24
Court of Appeals reverses summary judgment in a premises liability case from Harrison County
The plaintiff was waiting for his car to be repaired and he walked his dog on the car dealership driveway. As he did so he stepped into a hole and sustained injuries. The plaintiff sued and alleged the premises were unsafe. The trial judge in Harrison County (Christopher Schmidt) granted summary judgment and found that the plaintiff (in walking on the driveway) had exceeded the scope of his invitee status and was a trespasser.
The plaintiff appealed and on 9-17-24, the Court of Appeals reversed that the plaintiff had not lost his status as an invitee in walking his dog on the dealership property.
Andrew McCullough for the appellant. Paul Blake and Tim Holleman from MGC Law for the appellee.
The Appellate Opinion (external link to fox v. Allen Automotive)
Published 9-24-24
Slip and Fall defense verdict in McComb, MS
The plaintiff was shopping for cake decorating supplies at a Hobby Lobby in McComb (Pike County) when she slipped on a stray piece of cellophane in the aisle -- it was a cake icing bag. She suffered a shoulder injury and twisted her neck and back.
Plaintiff sued and alleged the premises were unsafe. Hobby Lobby replied that it hadn't created the hazard nor did it have notice of it.
A defense verdict was returned for Hobby Lobby on 9-18-24 finding the plaintiff solely at fault.
Yancy B. Burns and Shanda M. Yates, Burns & Associates, Jackson for the plaintiff
Chad C. Marchand, W. Pemble DeLashment and Keith B. Franklin, DeLashment and Marchand, Mobile, AL defending
Report coming in the October edition, 15 MsJVR 10.
Published 9-17-24
$14,000,000 million PI verdict in Memphis last night
Last night in Memphis there was a $14,000,000 verdict in a case involving a fall from a ladder that left the plaintiff with a spinal cord injury. We're still working on getting the verdict. A team of Morgan & Morgan lawyers (Rocky Wilkins, Jackson, MS and Ryan Skertich and Elaine Sheng, Memphis) tried it for the plaintiffs.
And last week in Knoxville there was a $330,000 FELA verdict in Knoxville involving a shoulder injury sustained lifting trains to change the wheels. The lawyers for the plaintiff in the Knoxville case included C.E. Story and James R. Ferguson of the Chris Christy Law Firm in Ridgeland, MS.
Full reports on both coming in the October 2024 edition of the Tennessee Jury Verdict Reporter, 21 TJVR 11.
Published 9-16-24
Way Back Machine in effect -- 1962 Premises Liability verdict in Pascagoula
Ada Taylor was injured in a slip and fall at a Jackson County Winn-Dixie and was awarded $25,000 in damages. She had tripped over an unattended stocking buggy. Taylor, age 68, broke her leg and it was surgically repaired.
The case was tried in 1962 before Judge Leslie Grant. Grant later reduced the award by $5,000. The plaintiff accepted it the $20,000 award. Winn-Dixie appealed and in 1963 the MS Supreme Court concluded $20,000 was too much and further reduced the award to $15,000, Winn-Dixie v. Taylor, 149 So. 2d 485 (1963). It is not clear how the case was resolved in remand.
P.D. Greaves from Gulfport for Winn-Dixie. Boyce Holleman, Gulfport and Donald Cumbest, Pascagoula, for the plaintiff.
Published 9-4-24
The September edition (15 MsJVR 9) is out this week
We've got a good issue this month with some interesting results from all over the state. Issue mails out later this week.
Mississippi September 2024 preview
Subscribe to the Mississippi Jury Verdict Reporter (the online store) for all the details.
Published 8-29-24
Title IX Gender Discrimination case tried to a verdict in Jackson -- Male student alleged he was unfairly expelled after facing sexual assault allegations
The plaintiff (Matthew Haughey) then an Ole Miss student in 2016 faced a sexual assault allegation after his date to a Christmas formal alleged their sexual encounter was not consensual. Haughey at all times thought it was.
Ole Miss investigated and had a disciplinary hearing. Even though the woman didn't testify, Ole Miss expelled Haughey. He believed the hearing was a sham.
Haughey sued Ole Miss as an "Andrew Doe" plaintiff (Judge Jordan sealed scores of documents in the case to conceal his identity) and alleged Title IX gender discrimination. His proof burden was the hearing outcome was erroneous and that Ole Miss acted because of his gender. Ole Miss denied it all.
The case was tried for four days in Jackson and Ole Miss prevailed on liability -- see the jury verdict below.
J. Lawton Hester, Cranfill Sumner, Raleigh, NC and Michelle T. High, Weisbrod Matteis & Copley, Ridgeland for the plaintiff
Paul B. Watkins, Jr. and J. Andrew Mauldin, Mayo Mallette, Oxford for Ole Miss
Judge Daniel Jordan called balls and strikes as well as sealing most of the public record in this case which touched on very public issues.
We are also working a neurology Med Mal from Lafayette County. We'll have more details on that next week. There is additionally an Auto Negligence case that will conclude tomorrow in Claiborne County. Rocky Wilkins from Morgan & Morgan for the plaintiff.
Full report coming in the September edition, 15 MsJVR 9.
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The jury verdict which was partially redacted by the court
Published 8-28-24
$100,077 Auto Negligence verdict in Pascagoula yesterday
There was an interesting verdict in Jackson County Court before Judge Mark Watts. Plaintiff (in the white truck) was making a left turn from the left turn lane. The defendant was alleged to be in the right turn lane and the collision only occurred when he continued going straight and didn't make the right turn. Plaintiff was t-boned and rolled over. He's complained of a variety of injuries including the aggravation of a prior rotator cuff injury and a L-4 pars defect.
The jury awarded the medicals of $27,077 and $73,000 more for pain and suffering for a raw total of $100,077. Fault was assessed 80% to the defendant and the remaining 20% to the plaintiff. The net verdict for the plaintiff is $80,061.
R. Jonathan Franco and Todd Farrar, Haug Farrar & Franco, Ocean Springs for the plaintiff
Trace D. McRaney, Dukes Keating Hatten McRaney Blum, Gulfport defending
Full report coming in the September edition, 15 MsJVR 9.
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An image of the accident taken from surveillance at nearby Huntington Ingalls
Published 8-21-24
$4,078,223 verdict last Friday in Newton County -- Plaintiff severely injured when a guardrail impaled the vehicle in which he was a passenger
The plaintiff suffered catastrophic injuries on a work trip to Indiana when his driver (they were coming back in the evening from dinner) ran off the road and struck a guardrail which penetrated the cab of their work truck and impaled the plaintiff. The plaintiff was trapped an hour before fireman cut him from the vehicle. He had one leg later amputated to the hip, the other was grievously injured and he additionally suffered a lacerated liver, pelvic fracture, open testicular injury and an SI joint separation.
The case was tried on damages only in Decatur against the driver. The trial lasted three days. The defense of the case focused on minimizing the plaintiff's economic loss, its experts (notably D.C. Sharp, Economist, Memphis) contesting the valuations of the plaintiff's damages expert, James Koerber, Hattiesburg.
The plaintiff took economic damages of $3,678,723 and $400,000 more for his non-economic damages for a total of $4,078,223. A consistent judgment was entered.
Mark C. Carroll and Thomas G. "Gary" Bufkin, Carroll Bufkin, Ridgeland for the plaintiff
Defense: M. James Weems and Kathryn S. Rowe, Daniel Coker Horton & Bell, Jackson and Michael O. Gwin, Watkins & Eager, Jackson (Gwin was the defendant's Moeller counsel)
Judge Caleb May called balls and strikes
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The vehicle depicting the damage from the guardrail.
The Verdict
Published 7-22-24
Defense verdict in casino false imprisonment case in Gulfport
The plaintiff (a VIP guest) alleged false imprisonment after security guards at the Beau Rivage casino executed a "citizens arrest" and handcuffed him when they tried to kick him out for being drunk. The plaintiff denied that but there was evidence on his bar tab of 10 whiskey drinks.
There were significant fact disputes about what had occurred.
The case was tried for four days in Gulfport. The jury rejected the case and found for the casino on Friday afternoon.
Douglas L. Tynes, Tynes Law Firm, Pascagoula and David N. Harris, Biloxi for the plaintiff
Robert S. Addison (pictured), W. Matthew Thompson and Michael R. Kelly, Thompson Addison, Ridgeland defended the casino
Judge Taylor McNeel on the bench
Report coming in the August 2024 edition
Published 7-18-24
$1,626,613 trucking verdict in Jackson last night
The plaintiff (in a sedan) was sideswiped by the defendant who was operating a Ford F-350 dually. It resulted in moderate damage but there was no injury at the scene.
Plaintiff to an ER 11 days later with shoulder pain and then on to an orthopedist. She had a subsequent surgery to repair a full thickness tear.
A Jackson jury found the defendant solely at fault and awarded the plaintiff $1,626,613 which was broken down as follows:
Medicals: $50,457 as claimed, Pain and Suffering - $1.5 million, Mental Anguish - $38,077, Permanent Injury - $38,077.
It is not clear why the jury awarded the odd numbers ($38,077) for two elements of the plaintiff's non-economic damages.
Verdict returned 7-17-24
Report coming in the August 2024 edition (15 MsJVR 8).
Rocky Wilkins, William A. Graves and John A. Waits, Morgan & Morgan, Jackson for the plaintiff
Joe S. Deaton, III and R. Jason Canterbury, Deaton & Berry, Flowood defending
An image of the plaintiff's vehicle depicting damage to the passenger side
Published 7-8-24
The July 2024 edition is out this week (15 MsJVR 7)
The July 2024 edition (15 MsJVR 7) is out this week and features several interesting verdicts. It begins with the Brunini Firm trial victory in Harrison County in a casino slip and fall. It also features a $118,398 truck negligence verdict from Jones County (Morgan & Morgan on the case) but also a Morgan & Morgan defense verdict on damages result from Lincoln County. Trace McRaney defending in Brookhaven.
All the details in the July edition. Subscribe to the Mississippi Jury Verdict Reporter
Published 6-19-24
Plaintiff slipped in her hotel bathroom at a Biloxi casino and suffered a broken hip and concussion
The plaintiff (age 77) stayed at the Golden Nugget in Biloxi to celebrate a birthday. She slipped walking from her bathroom to the main part of her hotel room. She alleged her toe was caught where the tile met the carpet. In the fall she broke her hip and suffered a concussion. The injuries were alleged to have robbed the woman of her independence. She died (at age 80) before the case came to trial.
The plaintiff alleged the condition of the hotel was not reasonably safe and led to her fall. The casino denied fault and described the condition as representing normal wear and tear in the hotel.
A jury in Biloxi returned a defense verdict for the Golden Nugget and the estate took nothing.
Thandi Wade and Raymond P. Gee, Jr., Tatum & Wade, Jackson for the plaintiff
Sheldon G. Alston and R. Lane Bobo, Brunini Law Firm, Jackson defending
Judge Christopher Schmidt on the bench
The Jury Verdict
Published 5-28-24
Trashcan the pitbull dog (he's owned by a Moss Point police officer) chewed a little boy's calf which led to nine separate surgeries
$400,000 dogbite verdict in Jackson County
The plaintiff, a 12 year old boy, was walking by a home in his Ocean Springs when a dog (Trashcan) charged and bit him on the calf. It was as much a chew as a bite and the boy was hospitalized five days and underwent nine surgeries. The boy sued the dog's owner (a local police officer) and blamed the dog for charging him. The owner replied that the dog (a pitbull named Trashcan) was a beloved and peaceful family pet.
A Jackson County jury (Judge Kathy King Jackson presiding) found for the plaintiff and made a general award of $400,000.
Report coming in the June 2024 edition, 15 MsJvR 6.
Matthew S. Lott and William B. Bidwell, Lott Law Firm, Pascagoula for the plaintiff
NeShondria D. Ellerby, Ellerby Law Firm, Moss Point defending
Published 5-20-24
Teenager suffered a complex leg fracture in a JV football game and blamed his orthopedist for mismanaging his care
Directed verdict in Starksville
The plaintiff, Chaney Hale, suffered a complex leg fracture playing JV Academy football (Canton v. Winston) and was treated by an orthopedist, Dr. R. Allen Butler. Hale's wound opened and he suffered complications. Hale sued Butler (Oktibbeha County) and alleged malpractice in failing to stabilize the fracture. The trial court (Judge James Kitchens, Jr.) granted a directed verdict at the close of the plaintiff's case on third day of trial.
Report coming in the June 2024 edition.
Mitchell Tyner and Charles "Brad" Martin, Canton, for the plaintiff
Tommie Williams, Jr. and Tommie Williams, Sr., Greenwood, for Butler
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