Decisions – COA – Feb. 16, 2016

 

Willie B.Taylor, as Administratrix of the Estate of LeKenray Taylor, Deceased v. Delta Regional Medical Center med mal Tort Claims Act case – In July 2003, LeKenray Taylor was shot in the chest with a high-powered weapon during a drive-by shooting in Rosedale.   He was transported to Delta Regional Medical Center  but passed away several hours later.  His mother sued the hospital arguing that  1) the ER surgeon on call in DRMC’s emergency room should have performed thoracic surgery on her son even though the surgeon concluded that he lacked the necessary training and privileges to do so; and 2) that, under the regulations governing the Mississippi Trauma Care System in July 2003, DRMC was required to have a thoracic surgeon on call twenty-four hours a day, seven days a week. A bench trial was conduced and the court found for the hospital.

Timothy A. Hughes v. Mariel Hughestermination of alimony – The Hughes were divorced in 2008.  In 2011Tim moved to terminate alimony arguing that Mariel was in a de facto marriage with another man,  Darrell.  After a trial, the chancellor found that Tim had failed to prove cohabitation or a de facto marriage and denied the request.  The COA affirms.

Gregory Wilbanks v. Katherine Hickman –  premises liability – Hickman bought a home in Corinth in 2010.   Prior to moving in, she had the home remodeled. After having some electrical work done, she hired a builder,  Wilbanks, to run cable under her home.  Wilbanks was  injured seriously when he touched an electrified dryer vent duct while working under the house.  is happened because Hickman had hired an electrician  install a fuse box and run a wire for the outlet for a dryer but he was waiting until the drywall to be finished before installing the outlet Wilbanks sued Hickman.  The trial court granted summary judgment for Hickman.  The COA affirms finding that Wilbanks had no evidence that Hickman knew of the dangerous condition under her house.

Nortrax South, Inc. v. Thornhill Forestry Service, Inc. sales tax – Nortrax South sold Thornhill Forestry Service nine bulldozers over the course of three years. Nortrax collected three percent sales tax on the understanding that Thornhill was eligible for the reduced rate then applicable to certain “equipment used in logging, pulpwood operations or tree farming.” When  Nortrax was audited by the Mississippi Department of Revenue, it was determined that the sales to Thornhill did not qualify for the reduced tax rate.   Nortrax paid the difference, about $92,000,  and  filed suit against  Thornhill. The suit was stayed while the parties  appealed the MDOR’s decision administratively.  The higher rate was affirmed.  A further appeal was dismissed as untimely filed.  The parties then resumed the circuit court suit and the court held that since bothh parties had argued that the 7% rate was incorrect,  the question of the validity of the debt to Nortrax was “left open.” The circuit court denied relief.  Nortrax appeals and the COA reverses finding in favor of Nortrax.

Joseph Eugene Lamberth v. South Panola School District requirement of bond to appeal –  In 2014, the South Panola School Board  terminated Joseph Eugene Lamberth from his position as an assistant principal at South Panola High School in Batesville, Mississippi. Lamberth appealed the Board’s decision timely but failed to file a $200 bond as required by the governing statute. Because Lamberth failed to timely perfect his appeal, the Panola County Chancery Court dismissed the action.  The COA affirms.

Mickey Lee Johnson v. State of Mississippi  sexual battery  – Johnson was found guilty of raping his daughter over a several year period. It turned out that he fathered two children by her.  The Office of Indigent Appeals a Lindsey brief asserting it could find no errors in the record.  Johnson was given forty days to file his own brief.  He did not file one. The COA affirms.

Darex Antonio Chester  v. State of Mississippi –  sale of illegal/regulated substances – Chester was convicted of the  sale of at least one tenth gram but less than two grams of cocaine; less than one hundred dosage units of Diazepam; and  less than one hundred dosage units of Triazolam and sentenced as an habitual to 60 years.    The OIA filed a Lindsey  brief.  Chester filed a brief arguing that his sentence was excessive.

Jeanette B. Ringo v. Lela Wilson and Tela Wilson Collins – premises liability –  Ringo and Collins were friends and former coworkers. Ringo asked Collins to come to the house to deliver some empty boxes from Ringo’s workplace. When Ringo arrived, neither Collins nor Wilson was at the house. Their dog  was tied up outside of the house and began barking at Ringo. When Ringo carried the boxes up the driveway, the dog startled her and she backed away and fell breaking her wrist.  Ringo sued.  The Court granted summary judgment for the homeowners.  The COA affirms finding no evidence of negligence.  (Ed. note:  people should not tie up dogs).

Elizabeth Blanchard v. Nathan A. Mizewrongful foreclosure – Blanchard fell behind on her mortgage and the bank foreclosed.  She sued the bank and the buyer for wrongful foreclosure.    Mize, the buyer, moved for summary judgment arguing that he was an innocent purchaser. The court granted the motion and entered a final judgment for Mize.  Blanchard appeals.  The COA affirms finding that notwithstanding her claims against the bank, she had no proof to rebut Mize’s affidavit that he was an innocent purchaser.

Curtis Hawkins v. Daniel Hale –  requests for admissions –  Hale had a labrador chained in his backyard  (again, dogs should not be chained).  The dog escaped and ran towards the  Hawkinses who were in the in the street in front of Hale’s house. The dog stopped a few feet short of the Hawkinses and barked aggressively at them. Hale’s neighbor observed the Hawkinses yelling and provoking the dog before it ran toward them. Blackwell intervened and got the dog.  A few minutes later, the dog again escaped and bit  Hawkins.  The Hawkinses sued.  Hale served them with requests for admissions which were not timely answered.  The court refused to allow the Hawkinses to file untimely responses and granted summary judgment to Hale.  The Hawkinses appeal.  The COA a

Chris Sharkey, as Administrator of the Estate of Cedric Sharkey  v. Frank Barber –  SOL/d rule does not apply to intentional torts –  Frank Barber, Steven Barber and Barry Ware murdered Chris Sharkey on Jan. 7, 2012.  On July 28, 2014, Chris’ estate filed a lawsuit against Frank  for  1) wrongful death, 2) intentional infliction of emotional distress, and 3) civil conspiracy.  The circuit court dismissed the case because the causes were subject to a one-year statute of limitations.  Sharkey appeals arguing that Frank’s involvement was not known until he pleaded guilty.  The COA affirms. “The discovery rule applies only ‘in actions for which no other period of limitation is prescribed.’”  “But here, Chris’s three causes of action had prescribed limitations periods. So the discovery rule does not apply.”

Margaret Byrd v. Kenneth Stubbs, M.D. – the Court denies rehearing but tweaks the opinion

Pro Se PCR appeals affirmed:

Alton Neal v. State

Ricky Lee Shies v. State

 

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s