Cases
Experience: McDaniel v. Cochran, 158 So. 3d 992 (Miss. 2014) (Affirming dismissal of c
idate's election contest, holding that the twenty-day deadline to contest the primary for a single county office also applied to a primary contest of a multi-county or statewide office.)
BB Buggies, Inc. v. Leon, 150 So. 3d 90 (Miss. 2014) (Reversing default judgment on liability, holding that the colorable defense prong
prejudice prong of applicable test weighed in favor of defendants.)
Kroger Co. v. Knox, 98 So. 3d 441(Miss. 2012) (Reversing a $ 2.5 Million judgment against a major grocery retailer in a premises liability case involving a woman beaten in a purse snatching on the store premises, the Court finding that evidence of four prior incidences was insufficient to establish the requisite atmosphere of violence
, additionally, there was no duty to supply armed security in the parking lot where the customer failed to prove her attack was a foreseeable consequence of the retailer's lack of armed security in the lot).
Patrick v. Wal-Mart, Inc.--Store No. 155, 681 F.3d 614 (5th Cir. 2012) (affirming summary judgment in Wal-Mart's favor because (a) claim that initial workers' compensation benefits denial was in bad faith was time-barred,
(b) amended complaint presenting claims that overcame limitations bar failed to satisfy plausibility requirement for pleadings).
Tishomingo R.R. v. BellSouth Telecommunications, Inc., 819 F. Supp. 2d 632 (N.D. Miss. 2010), aff'd, 451 Fed. Appx. 379 (5th Cir. 2011) (affirming judgment in BellSouth's favor, holding that it did not owe licensing fees to railroad for fiber optic cable placed along railroad right-of-way because BellSouth had (i) a vested contract right to be along the right-of-way pursuant to Mississippi Laws of 1886, Chapter 38
(ii) a valid easement from NASA
(iii) an easement by necessity).
Ellis v. Gresham Services Stations, Inc., 55 So. 3d 1153 (Miss. Ct. App. 2011) (affirming summary judgment in favor of Double Quick based on a finding that no genuine issue of material fact existed as to Double Quick's actual or constructive knowledge of an atmosphere of violence on the store's premises).
Gulf South Pipeline Co. v. Pitre, 35 So. 3d 494 (Miss. 2010) (Following a jury verdict in favor of the l
owner for $175,000 in this eminent domain proceeding, Gulf South's motion for a judgment notwithst
ing the verdict was denied by the trial court. On appeal, the Mississippi Court of Appeals affirmed. Granting Gulf South's petition for writ of certiorari, the Mississippi Supreme Court reversed the trial court
Court of Appeals,
rem
ed for a new trial).
Double Quick, Inc. v. Lymas, 50 So. 3d 292 (Miss 2010) (reversing $4.2 million judgment (reduced to $1.7 million upon application of statutory cap)
rendering judgment in favor of Double Quick, holding that patron failed to show proximate causation
thus did not establish a premises liability claim against the store).
Borne v. Dunlop Tire Corp., Inc., 12So. 3d 565 (Miss. Ct. App. 2009) (summary judgment for Dunlop affirmed based on plaintiff's lack of tire identification).
Townsend v. Doosan Infracore American Corp., 3 So. 3d 150 (Miss. Ct. App. 2009) (affirming trial court's exclusion of plaintiff's causation expert for lack of proper methodology under Daubert/McLemore st
ards
affirming summary judgment).
Upchurch Plumbing, Inc. v. Greenwood Utilities Com'n, 964 So. 2d 1100 (Miss. 2007) ($2.6 million judgment, including attorney fees, affirmed).
American Home Products Corp. v. Sumlin, 942 So. 2d 766 (Miss. 2006), (reversal
rem
for pharmaceutical manufacturer based on improper venue).
City of Jackson v. Presley, 942 So. 2d 777 (Miss. 2006) (reversal
rem
for City of Jackson based on trial court's sua sponte entering an unrequested default judgment on liability against the City).
Park on Lakel
Drive, Inc. v. Spence, 941 So. 2d 203 (Miss. 2006) (reversal
rem
for skating park
park manager based on improper joinder of park manager
improper venue).
FMC Corp., Inc. v. Helton, 202 S.W.3d 490 (Ark. 2005) (reversal
rem
on jury verdict against FMC in case brought by farmers for losses allegedly suffered by off-label use of insecticide manufactured by FMC, finding trial court abused its discretion by severing cross-claims that distributor
FMC brought against flying services
FMCs due process rights were violated by the admission of evidence of off-label use of insecticide in another state, as jury could have used the evidence to assess punitive damages
farmers were not entitled to damages for mental anguish
farmers did not have an outrage claim
trial court abused its discretion by awarding farmers all of their attorney fees, not just those connected with their ADTPA claim).
Harris v. International Truck
Engine Corp., 912 So. 2d 1101 (Miss. Ct. App. 2005) (affirming summary judgment for ITEC based on finding that the manufacturer did not provide an inadequate warning in the owner's manual regarding the serious consequences of improperly replacing the axle bearing
the alleged inadequate warning in vehicle's owner's manual was not the proximate cause of driver's injuries
the plaintiff-driver was not entitled to a rebuttable presumption that if proper warnings had been provided by the manufacturer the warnings would have been read
heeded).
State Farm Mut. Auto. Ins. Co. v. Murriel, 904 So. 2d 112 (Miss. 2004) (reversal
rem
for State Farm based on improper joinder of in-state body shops
dismissal of four out-of-state body shops based on forum non conveniens).
Austin v. Will-Burt Co., 361 F. 3d 862 (5th Cir. 2004) (affirming summary judgment for manufacturer of news van's telescoping mast in product liability action, finding telescoping mast was not defective for failing to contain adequate warnings or instructions when it left the control of the manufacturer
the alleged failure of manufacturer to adequately warn of dangers associated with mast was not the proximate cause of worker's death
manufacturer of telescoping mast had no post-sale duty to warn of dangers associated with mast
mast was not defectively designed).
