Decisions – MSSC – 6/21/2018

Hand down list

 B&B Management Company, LLC and Terrance Magee, Individually v. Y.X., A Minor By and Through Her Mother and Next Friend, He Shao –  venue/fraudulent joinder – Y.X.  alleged she was  injured on a treadmill in the fitness room of an apartment complex located in Madison County. She filed suit against B&B in Madison County but dismissed the lawsuit prior to o B&B making an appearance.  She then filed the same lawsuit in Hinds County but added McGee, a former employee of B&B and resident of Hinds County, as a defendant. B&B moved to dismiss or transfer venue and attached an affidavit from McGee disavowing any responsibility for the fitness room and denying being on the premises that day. The trial court denied the motion.   B&B filed an interlocutory appeal and the MSSC reverses finding that McGee was fraudulently joined.  “The evidence submitted by B&B and McGee, that McGee was not a ‘person in charge’ or a manager of the complex who would owe a separate duty to Y.X., was wholly uncontradicted by Y.X.”

Michael W. Crosby v. The Mississippi Bar –  reprimand where lawyer failed to file brief – Michael Crosby represented Travis Brown at trial and on appeal.  On appeal, Crosby requested several extensions but never filed a brief.  Brown filed a bar complaint and the Bar found that Crosby Rules 1.3, 1.16, 8.1(b), and 8.4(a) and (d) of the Mississippi Rules of Professional Conduct and that he was deserving of a public reprimand. Crosby appealed and the MSSC affirms finding no merit in Crosby’s many excuses.  By appealing the reprimand, Crosby insured a wider audience for his reprimand.  Smart move.

The Mississippi Bar v. Tacey June Clark –  disbarment – Clark  executed a Notice of Irrevocable Resignation. I assume it is related to this.    The MSSC accepts her resignation.  All I can say is that, Tacey, we’ve all been there.



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