Decisions – Ct. of App. – Feb. 18, 2014

Kinzie v. Belk – Kinzie drove trucks for Triangle Trucking.  He picked up a loaded shipment at Belk and drove it to another location.  While unloading it, some of the cargo fell on him and injured his back.  Kinzie sued Belk for negligent loading and securing of cargo.   During discovery, Kinzie was asked for…

Decisions – Miss.S.Ct. – Feb. 13, 2014

Lyons v. Direct General – Miss. S.Ct, affirms the decision of the Miss. Ct. of Appeals that  an insurer cannot, after an accident,  void the minimum liability coverage as to an innocent third party under a named driver exclusion. This is a pretty big ruling but not a surprising one given that most (if not all…

Feb. 12, 2014 at the Miss.S.Ct. – two arguments

See this post: https://janeslawblog.com/2014/01/14/oral-arg-s-ct-feb-12-2014-admin-proc-act-estate-of-bluesman-junior-kimbrough/ Miss. Comm’n on Env. Quality v. Bell Utilities is being heard by Justices Randolph, King and Pierce. Favorite quote so far by Justice Randolph about the lack of administrative procedures: “We expect a little due process, maybe a whole bunch . . . .” For some reason that reminds me of…

Decisions – Ct. App. – Feb. 11, 2014

Snowden v. State  – Snowden was convicted of aggravated assault after shooting at the car of Smith with one bullet hitting Smith in the arm.   Snowden admitted having fired the shots.  He claimed that he was trying to scare off some people pursuing his stepson.  The Ct. of Appeals reversed and remanded for sentencing…

Pending interloc. petitions of interest – updated

Crook v. Speed – petition from Covington County (Judge Edward Bowen) seeking appeal of denial of summary judgment in a ten-year-old case where the plaintiffs allege that the defendant sold them gasoline at a higher price in Collins than they were sold outside of Collins. Defendants moved for summary judgment arguing that the plaintiffs have…