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   State Courts - Mississippi - July 17, 2007

  
Tolliver ex rel. Wrongful Death Beneficiaries of Green v. Mladineo, NO. 2005-CA-02326-COA, COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Substitution of a son as the party in a wrongful death case was improper because a patient's brother lacked standing to bring the action originally; by the time the son filed an amended complaint, the limitations period in Miss. Code Ann. § 11-7-13 had expired, and the complaint did not relate back to a nullity. Therefore, dismissal was proper.

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Waffle House, Inc. v. Allam, NO. 2006-WC-00840-COA, COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Denial of workers' compensation claim was not supported by substantial evidence. Appellee contemporaneously and consistently reported injury to supervisors and doctors; she had no history of back trouble; claim was not contradicted her using personal insurance to pay for visits; and medical records corroborated time, nature, and origin of injury.

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Williams v. Thompson, NO. 2005-CA-02038-COA, COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Summary judgment was properly granted to an insurer, an agent, and an underwriter in a claim alleging the wrongful termination of an insurance policy because a check was properly issued to a former wife as the named insured, a former husband's name was not removed from the policy, and insurance was denied due to the condition of a roof.

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