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   State Courts - Mississippi - September 6 - September 7, 2006

  
Brewer v. Raper, No. 2005-CA-01180-SCT, SUPREME COURT OF MISSISSIPPI, September 6, 2006, Decided
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Bacou-Dalloz Safety, Inc. v. Hall, NO. 2005-IA-01095-SCT, SUPREME COURT OF MISSISSIPPI, September 7, 2006, Decided
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Overview: In a multi-party suit filed by plaintiffs who alleged various silica-related personal injuries, the original complaint listed the incorrect agent for service of process for defendant; the documents were returned and plaintiffs made no further attempt to serve the complaint. According to Miss. R. Civ. P. 4(h), dismissal of the action was required.

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Flores v. Elmer, NO. 2005-IA-01130-SCT, SUPREME COURT OF MISSISSIPPI, September 7, 2006, Decided
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Overview: A medical malpractice case was not barred by the two-year statute of limitations under Miss. Code Ann. § 15-1-36 because the discovery rule applied where a patient visited a physician eight different times after surgery to complain about pain and loss of function in her hand; a subsequent surgery revealed a nerve problem.

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Nat'l Heritage Realty, Inc. v. Estate of Boles, NO. 2005-IA-00699-SCT consolidated with NO. 2005-IA-00750-SCT consolidated with NO. 2005-IA-00909-SCT, SUPREME COURT OF MISSISSIPPI, September 7, 2006, Decided
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Overview: Where administratrix was appointed in county with no evidence that decedent resided there, then the estate was transferred to decedent's county of residence and estate filed negligence suit against defendants, summary judgment should have been granted to defendants because no legitimate estate ever existed and appointment was void.

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