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   State Courts - Mississippi - July 26, 2007

  
Beverly Enters. v. Reed, NO. 2005-CA-01186-SCT, SUPREME COURT OF MISSISSIPPI, July 26, 2007, Decided
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Overview: Instructions segregating claims of duty, breach, causation, and damages against each corporation were required but not given in sister's negligence claim against nursing home owners, instructions did not identify specific duties owed to decedent. Under Miss. R. Evid. 403, evidence of decedent's prior lawsuit was relevant for defendants' case.

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Gren. Living Ctr., LLC v. Coleman, NO. 2006-CA-00169-SCT, SUPREME COURT OF MISSISSIPPI, July 26, 2007, Decided
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Overview: Pursuant to Miss. Code Ann. § 41-41-211 of the Uniform Healthcare Decisions Act (Act), Miss. Code Ann. § 41-41-203 et seq., because father was not incapacitated when he entered nursing home, Act did not apply; as there was no contract between father and nursing home, no arbitration clause existed to be enforced against wrongful death beneficiaries.

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Hodgin v. State, NO. 2004-KA-02039-SCT, SUPREME COURT OF MISSISSIPPI, July 26, 2007, Decided
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Overview: At fondling and sexual battery trial, it was not error to allow the child victim's mother to testify as to statements that the victim made to her under Miss. R. Evid. 803(25), as the trial court found, in a hearing outside the jury's presence, that the statements had substantial indicia of reliability, and the victim testified at the proceedings.

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Knight v. Terrell, NO. 2006-CA-00753-SCT, SUPREME COURT OF MISSISSIPPI, July 26, 2007, Decided
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Overview: Miss. Code Ann. §§ 37-7-321 and 37-7-323 allowed schools to retain independent contractors to work as peace officers on school grounds; however, the Legislature did not provide an express grant of immunity to those independent contractors under Miss. Code Ann. § 19-19-5 or the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-1 et seq.

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Yelverton v. Yelverton, NO. 2004-CT-01684-SCT, SUPREME COURT OF MISSISSIPPI, July 26, 2007, Decided
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Overview: Chancellor erred in awarding wife lump-sum alimony in amount of $250,000 as he failed to apply Ferguson factors to his findings. Chancellor did not make findings to support his deviation from child support guidelines as required by Miss. Code Ann. § 43-19-101. Awarding wife monthly periodic alimony in amount of $2,500 was not fair and equitable.

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