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.
On appeal, the Mississippi Court of Appeals found that Equipment, Inc., did not have a formal contractual agreement with the Plaintiff’s employer to provide maintenance services on its equipment. Moreover, the Court found that Equipment, Inc., had informed the Plaintiff’s employer about potential risks associated with missing warning decals, and therefore, Equipment, Inc., had not breached the duty owed to the Plaintiff.
Additionally, the Court of Appeals found no merit in the Plaintiff’s argument that certain jury instructions were not supported by the evidence. Instead, the Court found that the trial judge had properly instructed the jury and affirmed the defense verdict. The Plaintiff was represented by Walter Morrison, Rogen Chhabra and Darryl Gibbs.
The opinion can be found here.