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| Austin v. Wells, NO. 2004-IA-01251-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Factual basis on which patient and husband based claim against Jefferson County Hospital failed to evidence causal connection between hospital's alleged negligence and patient's injury; therefore, the circuit court erred in denying the healthcare providers and physician's motion to transfer venue to Warren County under Miss. Code Ann. § 11-11-3.
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| Blossman Gas, Inc. v. Shelter Mut. Gen. Ins. Co., NO. 2004-IA-01364-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Appellate court affirmed the grant of the insurer's motion for a new trial pursuant to Miss. R. Civ. P. 59 as the evidence at trial was overwhelmingly in favor of the insurer such that the jury verdict had to be the result of bias or prejudice.
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| Broome v. Miss. Empl. Sec. Comm'n, NO. 2004-CT-00522-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Where the decision to fire an employee for misconduct was supported by many years of problems with absenteeism, the court of appeals erred by substituting its judgment for that of the Mississippi Employment Security Commission under Miss. Code Ann. § 71-5-531.
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| Byrom v. State, NO. 2003-DR-02503-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Petitioner was denied post-conviction relief from her capital murder conviction because she failed to show that her counsel's actions were deficient and prejudiced her defense; Miss. Code Ann. § 99-19-101 did provide for waiver of a jury at sentencing, and petitioner knowingly signed a waiver; and she was adequately informed of sentencing options.
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| Flora v. State, NO. 2004-KA-00634-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: In defendant's murder trial, officer's testimony that a witness identified defendant as the shooter was improper hearsay, but a mistrial was not warranted because the trial judge properly instructed the jury. Also it was not error to allow impeachment of defendant with statements he made to police prior to being given his Miranda warnings.
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| Richardson v. Norfolk & Southern Ry., NO. 2004-CA-00876-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Certain state tort claims asserted by mother in wrongful death case were preempted by federal law under 23 C.F.R. §§ 646.214(b)(3) & (4). Evidence of other accidents at railroad crossing was inadmissible. Certain jury instructions submitted by mother were properly refused as the jury was properly and adequately instructed on all relevant points.
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| Thompson ex rel. Thompson v. Lee County Sch. Dist., NO. 2003-CT-02395-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Court properly found contributory negligence where defendant testified that he came to a complete stop at a stop sign, he looked both ways for traffic, both parties had an unobstructed view of the intersection, and defendant's bus was hit by plaintiff's truck, Miss. Code Ann. § 63-3-805, indicating a lack of evasive action on the part of plaintiff.
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| Williams v. Bennett, NO. 2005-CA-00754-SCT,
SUPREME COURT OF MISSISSIPPI, January 19, 2006, Decided
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Overview: Miss. Code Ann. § 11-1-63 required that plaintiff not only prove that seller of handgun knew, or in light of reasonably available knowledge or in the exercise of reasonable care should have known, about the danger causing injury, but also, that the product failed to function as expected by way of producing evidence of feasible design alternative.
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| In re Authorization of Court Annexed Mediation, No. 89-R-99026-SCT,
SUPREME COURT OF MISSISSIPPI, January 20, 2006, Decided
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