News

Request for Admission Denials Not Proper Summary Judgment Evidence

In Hill v. City of Horn Lake, the Mississippi Supreme Court announced an obscure civil procedure point.  The Court refused to accept a denial to a request for admission as proper summary judgment evidence.  The Court explained that only matters “admitted” are imbued with the special, conclusive treatment under Rule 36.  Therefore, the Court surmised, denials were not deserving…

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Consolidation of Two MVAs for Both Contributing to Injury?

A defendant in Grenada County has filed an interlocutory appeal presenting a consolidation issue. In August of 2012, Ronnie Willis filed a lawsuit against two defendants, Lindsay S. Taylor and Bennie Bailey, over two separate auto accidents. The one involving Taylor occurred on May 10, 2011 and the second, involving Bailey, occurred on September 9, 2011.  …

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Untimely Expert Disclosure Waived by Failure to Seek Continuance

Six Grand v. Miss. Bureau of Narcotics.  In this case, a citizen fled a license checkpoint and then crashed his car.  When apprehended, officers found six grand and some cocaine.  The state sought forfeiture. Two state witnesses were previously disclosed as fact witnesses only during discovery, but two weeks before trial, the state designated them…

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Defense Wins

Defense Verdict in Hinds County Affirmed on Appeal

Diane Pradat Pumphrey and Nicholas D. Garrard from Wilkins Patterson successfully represented Equipment, Inc., in an appeal brought by an individual claiming the company had negligently maintained a scissor lift, and had allowed it to be used in an unsafe condition.  The trial resulted in a defense verdict in the Circuit Court of Hinds County.…

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5th Circuit §1983/Med Mal Appeal Victory for Hagwood Adelman Tipton

Hagwood Adelman Tipton attorney, Mike Coleman, recently won an appeal at the Fifth Circuit in a case involving two doctors who allegedly committed medical negligence and §1983 civil rights violations.  The §1983 case, styled James v. Aust and Wade, was filed in federal court in Greenville, and brought §1983 claims as well as claims of…

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Summary Judgment in Jefferson County Nursing Home Case

Hunter C. Carroll and Michael E. Phillips of the Hagwood Adelman Tipton firm successfully defended a long-term care facility in a medical negligence/personal injury case pending in Jefferson County Circuit Court. Plaintiff alleged that the nursing home was negligent in its care and treatment of her medical conditions resulting in her wounds being infested with…

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Upcoming Events

MDLA 50th Anniversary Celebration

Mark your calendars for May 1, 2015. MDLA will hold its 50th Anniversary Celebration. It will be held at the Old Capitol Inn in Jackson, MS. Formal invitations were mailed March 20.  Please RSVP for you and a guest to office@msdefenselaw.org.