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| Bradfield v. Schwartz, NO. 2005-CA-00197-SCT,
SUPREME COURT OF MISSISSIPPI, August 24, 2006, Decided
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Overview: In a contract case, a circuit court erred when it failed to conduct an evidentiary hearing on the issue of punitive damages under Miss. Code Ann. § 11-1-65; moreover, when the jury returned a verdict resulting in a compensatory damages award, the punitive damages phase of the trial should have automatically proceeded.
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| Brewer Constr. Co. v. David Brewer, Inc., NO. 2005-CA-01661-SCT,
SUPREME COURT OF MISSISSIPPI, August 24, 2006, Decided
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Overview: A finding of joint and several liability was improper in a negligence case dealing with damage to land due to alleged poorly performed dirt work because one of the purchasers was not in existence when the work was performed; therefore, it would have been impossible for it to have hired a general contractor.
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| Gartrell v. Gartell, No. 2005-IA-00747-SCT,
SUPREME COURT OF MISSISSIPPI, August 24, 2006, Decided
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Overview: In dispute between estate's executrix and petitioner, interlocutory appeal was dismissed because natural father submitted affidavit advising that he did not object to adoption of his children; reason for taking his out-of-state deposition became moot, and interlocutory appeal of chancellor's decision granting request to take deposition was moot.
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| Miss. Comm'n on Judicial Performance v. Britton, NO. 2005-JP-01922-SCT,
SUPREME COURT OF MISSISSIPPI, August 24, 2006, Decided
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Overview: A recommendation for a public reprimand was not adopted since it was too lenient for a judge engaged in willful misconduct under Miss. Const. art. 6, § 177A by violating Miss. Code Jud. Conduct Canons 1, 2A, 3B(2), 3B(7), 3B(8), and 3C(1) when he engaged in improper ex parte communications.
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| Miss. Dep't of Mental Health v. Hall, NO. 2004-CA-01522-SCT,
SUPREME COURT OF MISSISSIPPI, August 24, 2006, Decided
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Overview: Department of mental health was found liable for negligence because psychiatric hospital owed a duty of care to, inter alia, monitor the patient, and an injury during an escape was foreseeable. Immunity under Miss. Code Ann. § 11-46-9(1)(d) did not apply either because the duties owed were not discretionary based on Miss. Code Ann. § 41-21-102(6).
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