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| Anderson v. Hoover (In re the Guardianship of Williams), NO. 2004-CA-01886-COA consolidated with NO. 2004-CA-01887-COA consolidated with NO. 2004-CA-01888-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: The appointment of the father as co-guardian of the person and estate of his children was improper pursuant to Miss. Code Ann. §§ 93-13-1 and 93-19-5 where parental deficiencies that did not sink to the level of unfitness were insufficient to deny parents the management of minor children's financial affairs.
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| Bailey v. Fischer, NO. 2005-CA-00374-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: An order finding a father in contempt for his nonpayment of child support was upheld where he had received a valid Miss. R. Civ. P. 81 summons for the initial hearing; because the father appeared at the hearing at which he was found in contempt, any defects in the issuance of the notice by the court administrator were waived.
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| Ballard v. Watkins, NO. 2004-CA-00832-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Appellate court granted summary judgment in favor of a business after an individual slipped on a soda can in the business's parking lot as the individual could not establish that the business knew of the soda can and could not establish how long the can had been there to establish constructive knowledge.
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| Bowman v. CSX Transp., Inc., NO. 2004-CA-02383-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: A finding against the driver in her action for injuries resulting from a collision with a train at a railroad crossing was appropriate pursuant to Miss. R. Evid. 702 because her "expert" did not possess any knowledge, skill, experience, or education in the interpretation of the data tables produced by the machinery at issue.
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| Brown v. State, NO. 2005-CP-00417-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Defendant did not prove that his guilty plea was involuntary where he stated that he offered his guilty plea freely and voluntarily and elements of offense with which defendant was charged were enumerated in indictment. Defendant's sentence was proper under Miss. Code Ann. § 97-3-25. Defendant did not receive ineffective assistance of counsel.
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| Cole v. Miss. Dep't of Pub. Safety, NO. 2005-CA-00606-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Defendants were properly granted judgment on plaintiffs' personal injury claims because defendant police officer's conduct during a vehicle pursuit did not rise to the level of reckless disregard, which was required by Miss. Code Ann. § 11-46-9(1)(c) for liability, as the officer took specific steps in an attempt to safeguard other vehicles.
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| Fair v. Town of Friars Point, NO. 2004-CA-02350-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Trial court did not abuse its discretion in denying administratrix's leave to take deposition of parole officer. Even if town police officers owed duty to victim under Miss. Code Ann. § 99-3-7(3), Miss. Code Ann. § 93-21-27 specifically provided immunity. Officers did not knowingly and intentionally fail to charge murderer with domestic violence.
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| Huguley v. Imperial Palace of Miss., Inc., NO. 2004-CA-02457-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Summary judgment was properly granted to a business in a personal injury case arising from a slip and fall on a garage floor because there was no evidence that a business was negligent; it did not place the substance there, it had no knowledge that it was on the floor, and it should not have had constructive knowledge of a dangerous situation.
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| Levi Strauss & Co. v. Studaway, NO. 2005-WC-01212-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Judgment by the circuit court and the Mississippi Workers' Compensation Commission was affirmed because the Commission properly considered a variety of evidence, and the decision to award an employee benefits for permanent partial disability was supported by substantial evidence.
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