Decisions – MSSC – 2/28/2019

Hand down list

F & S Sand, Inc., F & S Abrasive Company, Inc., Dependable Abrasives, Inc. (Dissolved), Mississippi Valley Silica Company, Inc., Empire Abrasive Equipment Corporation and Dravo Basic Materials Company, Inc. and American Optical Corporation v. Ted Stringfellow–  silica/statute of limitations  –  This is an interlocutory appeal from a case wherein Stringfellow filed suit alleging that he suffered from injuries due to silica exposure.  The defendants moved for summary judgment based on the statute of limitations and to change venue. When the trial court denied these motion, the defendants asked for an interlocutory appeal which was granted.  The defendants provided a plethora of medical records showing that Stringfellow sought medical help starting in November 2007 for a cough, in 2008 for lung disease and in 2008 or 2011 he applied for SSDI for  “pneumoconiosis (such as silicosis . . . ).”  The MSSC finds that Stringfellow’s lawsuit is barred by the SOL and reverses and renders.

Eric Ramone Sharkey v. State of Mississippi –  mention of codefendants’ pleas/ duress instruction –  jury told codefendants pleaded guilty – Sharkey was one of three men charged with the armed robbery of two men in a home.  Sharkey’s codefendant’s pleaded guilty. On appeal he argues that it was error for the State to tell the venire that Sharkey’s codefendants had pleaded guilty. Sharkey objected and moved for a mistrial. The court ruled that the state should not have mentioned the pleas but denied a mistrial.  The court finds no error. He also claims that the prosecutor was giving signals to his witness but the court holds that there is no evidence of such in the record.  He next argues that he was entitled t o a duress instruction because one of the codefendants threatened to shoot him to make him participate in the robbery. The court finds that the only evidence of this was his attorney’s opening and closing statements.  He also claims he should have gotten lesser includeds of robbery and larceny, The Court finds that there was no evidence to support either and affirms.

The Mississippi Bar v. Sharon G. Plunkett bar discipline/disbarment – Sharon Plunkett is disbarred for having been convicted of embezzling 5 to 25 thousand dollars.

The Mississippi Bar v. John R. Thomasbar discipline/suspension – The Miss.S.Ct. suspends John Thomas for a period of two years.  Thomas is a resident of Texas and worked for a Texas firm representing plaintiffs in the BP Gulf Oil Spill litigation.  The court in which that litigation was pending suspended him for two years for making derogatory statements about the MDL judge (including statements that the judge was possibly corrupt)   and the plaintiffs’ steering committee.

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