Published Decisions

A representation of our attorneys’ litigation and appellate practice can be seen in the following list of published decisions from the state and federal courts of Mississippi.

Firm hired as appellate counsel, successfully obtained reversal of $6.5 million judgment against nursing home for alleged abuse and neglect. Mariner Healthcare, Inc. v. Estate of Edwards, So.2d (Miss. 2007).

Parent casino corporation was not alter ego of local subsidiary and therefore not liable for bad faith in connection with payment of workers compensation benefits. Buchanan v. AmeriStar Casino Vicksburg, Inc., 957 So.2d 969 (Miss. 2007).

Mississippi Supreme Court clarified application of discovery rule for statute of limitations in affirming summary judgment granted to defendant physician. Sutherland v. Estate of Ritter, So.2d (Miss. 2007).

Cases of plaintiffs in a mass tort action whose claims were found to have been misjoined, were properly severed and then dismissed upon the plaintiffs’ failure to transfer to the proper venue. Gordon v. Honeywell International, Inc., So.2d (Miss. 2007).

Policy provision precluding double payment of medical expenses under uninsured motorist coverage and medical payments coverage was enforceable. Welborn v. State Farm Mutual Automobile Ins. Co., 480 F.3d 685 (5th Cir. 2007).

Successful declaratory judgment action determining that homeowner’s insurer had no duty to defend public official in alleged defamation action. Allstate Ins. Co. v. Melton, 482 F.Supp.2d 775 (S.D. Miss. 2007).

Liability action against operator of a motor vehicle and plaintiff’s bad faith suit against her own insurer involved separate claims which were required to be severed. Hegwood v. Williamson, 949 So.2d 728 (Miss. 2007).

Where a party’s suit against an employer is based on respondeat superior, the vicarious liability claim is extinguished if the negligent employee has been released from liability. J & J Timber Co. v. Broome, 932 So.2d 1 (Miss. 2006).

Administrator and licensee of nursing home did not owe a duty of care to residents and could not be held liable for alleged medical malpractice. Howard v. Estate of Harper, 947 So.2d 854 (Miss. 2006).

The Mississippi Supreme Court recognizes that trucking company’s place of business rather than location of accident determines choice of law to be applied in construing terms of trucking company’s insurance policy. Zurich American Ins. Co. v. Goodwin, 920 So.2d 427 (Miss. 2006).

In a case of first impression, Mississippi Supreme Court enforces arbitration agreement between physician and patient. Cleveland v. Mann, 942 So.2d 108 (Miss. 2006).

Successful declaratory judgment action determining that homeowner’s insurance carrier had no duty to defend an action for defamation against insured. Rogers v. Allstate Ins. Co., 938 So.2d 871 (Miss. App. 2006).

Mississippi Supreme Court recognizes illegality defense as bar to suit for negligent prescribing practices based on patient’s deceptive acts in obtaining prescriptions from multiple physicians. Price v. Purdue Pharma Co., 920 So.2d 479 (Miss. 2006).

Estate of employee barred from suing sub-contractor employer, which did not have workers compensation coverage, where estate elected remedy by accepting workers compensation benefits from general contractor. Lamar v. Thomas Fowler Trucking, Inc., 956 So.2d 911 (Miss. App. 2006).

Mississippi Supreme Court’s initial interpretation of medical malpractice venue statute. Rose v. Bologna, 942 So.2d 1287 (Miss. 2006).

Insured was not entitled to recover uninsured motorist benefits after it had received an arbitration award against the uninsured motorist which had already been paid in full. Spencer v. State Farm Mutual Automobile Ins. Co., 891 So.2d 827 (Miss. 2005).

Legislative amendment attempting to resurrect cases previously barred by the statute of limitations held to be unconstitutional. University of Mississippi Medical Center v. Robinson, 876 So.2d 337 (Miss. 2004).

Mississippi statute governing learners permits does not impose a duty of care on the adult passenger to supervise the permit holder. Warren v. Glascoe, 880 So.2d 1034 (Miss. 2004).

Mississippi Supreme Court extends Mississippi Tort Claims Act immunity to physician employed by government facility, holding that insurance coverage personally purchased by physician does not waive the immunity. Mozingo v. Scharf, 828 So.2d 1246 (Miss. 2002).

Successfully defended insurer’s recommended body shop program against claims that it constituted tortious interference with business relations and violated state statute prohibiting insurers from requiring that repairs be done by particular shops as a condition of claim payment. Addison v. Allstate Ins. Co., 97 F.Supp.2d 771 (S.D. Miss. 2000).

CGL policy held not to provide coverage for corporate officers’ intentional torts resulting in plaintiff’s lost income, lost health benefits and lost investments. Audubon Ins. Co. v. Stefancik, 98 F.Supp.2d 751 (S.D. Miss. 1999).

No presumption exists under Mississippi law that operation of a vehicle was with the permission of the vehicle’s owner. State Farm Mutual Automobile Ins. Co. v. Eakins, 748 So.2d 765 (Miss. 1999).

Materials generated during peer review process among physicians held protected from discovery by state peer review statute. Claypool v. Mladineo, 724 So.2d 373 (Miss. 1998).

Defense verdict affirmed in action alleging negligent delivery of infant resulting in cerebral palsy. McCarty v. Kellum, 667 So.2d 1277 (Miss. 1995).

Insurer was not bound by the knowledge of its agent where the agent acted in collusion with the insured in making material misrepresentations. State Life Ins. Co. v. O’Brien, 921 F.Supp. 420 (S.D. Miss. 1995).

Determining priority of uninsured motorist coverage between primary and excess carriers. Garriga v. Nationwide Mutual Ins. Co., 813 F.Supp. 457 (S.D. Miss. 1993).

Insured’s previous state court conviction for aggravated assault established intentional nature of acts which precluded any coverage or duty to defend under homeowner’s policy. New Hampshire Ins. Co. v. Vardaman, 838 F.Supp. 1132 (N.D. Miss. 1993).

Plaintiffs not entitled to recover from excess uninsured motorist carrier where they failed to exhaust the limits available from the primary carrier. Geiselbreth v. Allstate Ins. Co., 8 F.3d 281 (5th Cir. 1993).

United States Court of Appeals for the Fifth Circuit recognizes right of liability insurer to control litigation and to decline issuing policy to applicant who has filed suit against court, reversing and rendering multi-million dollar bad faith verdict awarded to plaintiff/prior insured. Davenport v. St. Paul Fire and Marine Ins. Co., 978 F.2d 927 (5th Cir. 1992).

The Mississippi Supreme Court recognized that a defendant is not held to have admitted allegations supporting punitive damages in a default judgment. Dynasteel Corporation v. Aztec Industries, Inc., 611 So.2d 977 (Miss. 1992).

In a dispute between the primary and excess uninsured motorist carrier, the right of the primary carrier to offset liability payments was recognized. Dixie Ins. Co. v. State Farm Mutual Automobile Ins. Co., 614 So.2d 918 (Miss. 1992).

The Mississippi Supreme Court recognized that materials prepared by insurer may be included within the protections of the work product doctrine and thus that insurer’s claim file is not automatically discoverable. Haynes v. Anderson, 597 So.2d 615 (Miss. 1992).

In order to recover uninsured coverage for accident caused by unknown vehicle, insured must prove actual physical contact with the unknown vehicle. Anderson v. State Farm Mutual Automobile Insurance Co., 555 So.2d 733 (Miss. 1990).

First decision from the Mississippi Supreme Court outlining duties owed to defendant represented by an attorney hired by an insurer. Hartford Accident Indemnity Co. v. Foster, 528 So.2d 255 (Miss. 1988).