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| Anglin v. Gulf Guar. Life Ins. Co., NO. 2005-CA-02082-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: Summary judgment was improperly granted in favor of the insurer because it improperly acted to cancel, rather than decline, the insured's credit life insurance coverage; the insurer reserved only the right to decline, not cancel, coverage. The insured's other argument was procedurally barred.
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| Channel v. Loyacono, NO. 2005-CA-01395-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: Two of the clients' malpractice claims against attorneys were barred by the statute of limitations, Miss. Code Ann. § 15-1-49; however, trial court had to determine whether other clients knew or should have known of alleged wrongdoing prior to January 1, 2001. Neither res judicata, accord and satisfaction nor settlement and release barred claims.
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| Fitch v. Valentine, NO. 2005-CA-01800-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: Trial court did not err by denying boyfriend's motion for judgment notwithstanding the verdict because a reasonable juror could conclude that all elements of tort of alienation of affection were met, because, inter alia, husband was granted divorce on adultery grounds and he testified marriage failed because wife could not resist boyfriend's money.
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| In re Extension of the Boundaries of Sardis, NO. 2004-AN-02437-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: The chancellor erred in its denial of the parties' motion in that it put forth as the effective date of the decree of annexation the date of entry instead of ten days after determination of appeal, Miss. Code Ann. § 21-1-33, and usurped the exclusively legislative function of the city's determining whether the pursue annexation procedures.
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| Penn Nat'l Gaming, Inc. v. Ratliff, NO. 2005-IA-01703-SCT consolidated with NO. 2005-IA-01704-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: A parent company should have been dismissed from a personal injury case because it was not liable under Miss. Code Ann. § 67-1-83 since it was not a alcohol permit holder or an employee of such; moreover, the pleadings did not adequately state a claim showing that the corporate veil should have been pierced.
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| Sutherland v. Estate of Ritter, NO. 2006-CA-00082-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: Summary judgment was properly granted to a doctor's estate in a medical malpractice case because the discovery rule under Miss. Code Ann. § 15-1-36 focused on when a patient, exercising reasonable diligence, should have first discovered the negligence, rather than the injury. The patient was aware of such after a discharge from a hospital in 2001.
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| Upchurch Plumbing, Inc. v. Greenwood Utils. Comm'n, NO. 2005-CA-01689-SCT,
SUPREME COURT OF MISSISSIPPI, April 19, 2007, Decided
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Overview: In a utility's breach of contract suit against a contractor, the trial court's findings of fact were supported by substantial evidence, the Uniform Commercial Code did not apply because the transaction was a mix of services and products, and an award of prejudgment interest was proper under Miss. Code Ann. § 75-17-7 (2000), as were attorneys' fees.
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