Daniel Coker Horton & Bell

SILAS W. MCCHAREN  and MATTHEW T. VITART – MAY 2013. Obtained judgment as a matter of law on behalf of a bank in a race and gender discrimination suit filed in the U.S. District Court for the Northern District of Mississippi. Plaintiff alleged that he was terminated because of his race and gender. The Court agreed with the bank’s argument that no other employee was a “relevant comparator” sufficient to show disparate treatment.

WILTON V. BYARS, III and J. LUKE BENEDICT May 2013. In a case before the Circuit Court of Tishomingo County, the defendant received a directed verdict at the close of all evidence in a premises liability case where plaintiff broke several bones during her fall and incurred more than $30,000 in medical expenses.

EDWARD C. TAYLOR and CHRISTOPHER H. MURRAY - April 2013. In a matter before the U.S. District Court for the Southern District of Mississippi, Plaintiff alleged that while she was shopping at a large sporting goods store, a clothes rack fell and she sustained traumatic carpal tunnel syndrome and a torn labrum. Plaintiff's medical bills were approximately $40,000.00, but she also had substantial pre-existing medical conditions. The jury returned a verdict in favor of the defense.

TERRY D. LITTLE and CATHERINE A. HESTER - March 2013. The Fifth Circuit Court of Appeals affirmed the jury verdict for a defendant retailer in the Circuit Court of Tippah County, holding fact questions were properly directed to the jury that determined the defendant was not at fault nor liable for plaintiffÂs injuries.

EDWARD C. TAYLOR - April 2013 In a case before the Circuit Court of Pearl River County, three plaintiffs all alleged soft tissue injuries and were treated by a chiropractor for several months. Following a two-day trial, the jury returned a verdict for the exact amount of the three Plaintiffs’ chiropractor bills. Prior to trial, a settlement offer of approximately twice the amount of special damages had been made.

EDWARD C. TAYLOR - April 2013. In a case before the County Court of Jackson County, Plaintiff made a pre-trial demand of $16,000 and asked the jury for $30,000. The jury returned a verdict of $5,000, which was less than the last settlement offer made prior to trial.

BRENDA LONG and KRISTI BROWN – March 2013. Obtained judgment as a matter of law on behalf of a County and its law enforcement officers in two separate Section 1983 civil rights suits filed in the U.S. District Court for the Southern District of Mississippi.

TIMOTHY M. PEEPLES - March 2013 – The Fifth Circuit Court of Appeals upheld the district court judge’s dismissal of a plaintiff’s claims of age discrimination and retaliation under the Fair Labor Standards Act. The Court concluded that, regardless of both the plaintiff’s age and/or any protected conduct by the plaintiff, the defendant had a legitimate, non-discriminatory reason for terminating the plaintiff, and the plaintiff failed to establish that the employer’s proffered reason for terminating the plaintiff was pretextual.

ROBERT F. STACY, JR. - February 2013. Circuit Court of DeSoto County granted Motion for Summary Judgment of plaintiff’s premises liability suit against defendant restaurant operator.

BRENDA G. LONG - February - 2013. Following a three-day bench trial of a complex construction lien case, the Circuit Court of Jackson County summarily rejected nearly every defense put forth, and found in favor of the client. The Court awarded the full amount of the client's perfected lien, plus interest and attorney's fees amounting to a verdict of approximatley $670,000.

SHEA S. SCOTT - January 2013. County Court of Lee County granted Motion to Dismiss plaintiff’s premises liability suit against defendant hotel.

ROBERT F. STACY, JR. - January - 2013. Circuit Court of Lauderdale County, MS granted summary judgment in favor of cable provider, dismissing plaintiff's claims that provider should have marked a guy wire extending from the utility pole. Plaintiff alleged that he was thrown from his motorcycle by an unmarked guy wire. The court found there was insufficient evidence to establish that the utility pole and guy wire were exposed to pedestrian traffic so as to create a duty under the National Electric Safety Code to provide a "sustantial and conspicuous maker" on the guy wire.

TIMOTHY M. PEEPLES - January 2013. The Circuit Court Judge granted the defendant grocery store summary judgment in a slip and fall lawsuit. The Court rejected the plaintiff's claim that the defendant failed to maintain a reasonably safe premises for its customers given the deposition and physical evidence presented by the defendant.

TERRY D. LITTLE - January 2013. In a Mississippi Tort Claims Act case involving a garbage truck and automobile collision, plaintiff sought approximately $620,000 in damages during the bench trial. Mr. Little defended both liability and the amount of the claimed damages. Lafayette County Circuit Judge Elliott returned a verdict in the amount of only $21,545. The last settlement demand by plaintiff prior to trial was $95,000.

SILAS MCCHAREN AND MATTHEW VITART – January 2013. Obtained judgment as a matter of law on behalf of a city and its chief of police in a race discrimination suit filed in the U.S. District Court for the Southern District of Mississippi. Plaintiff alleged that he was disciplined more harshly than officers of a different race. The Court held that under the particular form of municipal government, the chief was not an policy-maker regarding employment matters, and that plaintiff was not constructively discharged and suffered no adverse employment action.

JOHN S GONZALEZ - December 2012. Full Commission reversed decision of Administrative Law Judge who had ordered casino employer to pay compensation and authorize surgery as a result of a claim that employee had been struck by elevator door while standing inside. The Commission found instead that the testimony of the claimant was without credibility and instead relied upon elevator expert. Case was dismissed in its entirety.

ROBERT F. STACY, JR. and J. LUKE BENEDICT – November 2012. A Summary Judgment and Dismissal with Prejudice previously obtained in the United States District Court, Northern Division, regarding a Section 1983 case, was affirmed on appeal by the Fifth Circuit Court of Appeals.

MICHAEL B. DICKINSON -  November 2012. The Mississippi Supreme Court affirmed dismissal of a Credit Reporting Agency on claims of negligence and invasion of privacy holding the Fair Credit Reporting Act preempts state law absent malice or wilful intent to injure.

MICHAEL B. DICKINSON - September 2012. In a case involving a double impact, rear-end collision, Plaintiff (a local attorney), who was in the middle vehicle, with a little over $6,000 in claimed medical specials, asked the jury for $45,000 in closing. However, a considerable amount of the medicals incurred followed a two year period of time with no doctor visits, and the Harrison County jury returned an award of $3,000.

STEVEN J. GRIFFIN - October, 2012. Obtained dismissal of a defendant trucking company in federal district court for lack of personal jurisdiction.

ROBERT ADDISON – August, 2012. Successfully presented and argued post-trial motions for judgment of acquittal and, alternatively, new trial, after nine-day trial in the United States District Court for the Northern District of Mississippi, in which the jury returned a verdict convicting Defendant on four counts of conspiracy to violate and violation of Federal bribery and healthcare fraud statutes, carrying sentencing guidelines of 25 years. The Court granted the Defendant’s post-trial motions for judgment of acquittal and conditionally granted the motion for new trial.

ROY A. SMITH, JR. - July, 2012. The United States District Court for the Southern District of Mississippi granted a defense motion for summary judgment largely because plaintiff's attorney did not designate an expert during the discovery period, and that the Mississippi Production Liability Act requires expert testimony. Additionally defense argued that plaintiff provided no evidence of any negligence. Plaintiff's motion for an extension of time was denied.

ROY A. SMITH, JR. and STEVEN J. GRIFFIN - July, 2012 -  The Mississippi Court of Appeals affirmed summary judgment in favor of Lawrence County in a Mississippi Tort Claims Act case involving an accident occurring on a washed out roadway, based upon discretionary function immunity.

JACKSON H. ABLES - July, 2012. The Court of Appeals for the Fifth District at Dallas affirmed the judgment for defendants in the County Court at Law of Dallas County holding that Jackson Ables' Mississippi client and the Texas defendants were neither liable to transfer certain mineral leases of a claimed value, nor, liable to pay damages to plaintiffs, in a sum plaintiffs had contended was in excess of $550,000,000.

JACKSON H. ABLES - July, 2012. The United States District Court for the Southern District of Mississippi determined that, notwithstanding that it had determined earlier to dismiss a civil RICO case against Mr. Ables' client for failure of the plaintiff to prosecute its federal and state claims, the Court will take up all five of Ables' client's motions for summary judgment before the Court enters its final judgment in the civil action.   All of Ables' motions had been on file for a substantial period of time before the Court decided to dismiss for failure to prosecute. Ables did not assent to a dismissal done on that basis, which, even if ordered done with prejudice, would not have reached the merits of Ables' motions but would have merely precluded the plaintiff's refilling of the same claims in the Southern District of Mississippi. By seeking reconsideration of that Rule 41 dismissal and obtaining a favorable ruling, Ables preserved his client's opportunity to be exonerated on the actual merits of the claims made against him.  Before they stopped prosecuting their claims, plaintiff was seeking over $267,000,000 from Ables' client, a resident of Alabama.

ROBERT F. STACY, JR. - June, 2012. Obtained a defense verdict in a two-day bench trial in the United States District Court for the Northern District of Mississippi. Senior Judge Glen H. Davidson ruled in favor of the defendant limited liability company and its sole member in a breach of contract action arising out of a dispute over a ten year hunting lease and 8,000 square foot hunting lodge.

JACKSON H. ABLES - June, 2012. In a products liability claim brought against an Asian manufacturer over a fire loss, Jackson Ables secured for his client a dismissal with prejudice in the U.S. District Court of plaintiffs’ claims, at plaintiffs’ cost, on the condition that Ables' client would not pursue plaintiffs or their non-resident counsel for attorneys’ fees and expenses of litigation. Ables further required plaintiffs to stipulate that the manufacturer he defended had never been adjudicated to be the actual manufacturer of the product plaintiffs had claimed caused the fire.

EDWARD C. TAYLOR and ROBERT S. ADDISON - June, 2012. Obtained a defense verdict from a Harrison County jury in the defense of a national courier service in an auto accident where two plaintiffs cleimed they were injured after being struck in the rear by the defendant's vehicle.

JOHN S. GONZALEZ - May 2012, received favorable ruling from Administrative Judge dismissing claim by finding that claimant did not sustain accidental injuries to upper extremities or disability arising from work with restaurant employer as claimant was determined to have been working in a separate business co-owned by claimant during the time claimant alleged injury with employer.

ROY A. SMITH, JR., and STEVEN J. GRIFFIN. May 20212. Obtained a ruling from the Mississippi Supreme Court affirming summary judgment on behalf of a school district in a case where a high school student had fallen off the hood of a moving vehicle while horse-playing with other students following ROTC practice. The plaintiff claimed the school was negligent for not providing adequate supervision in the parking lot. The Mississippi Court of Appeals held the school's duty to supervise the parking lot after school was discretionary, and the school was immune under the Mississippi Tort Claims Act. The Mississippi Supreme Court dentied certiorari.

TERRY R. LEVY AND MATTHEW T. VITART - May 2012. Obtained judgment as a matter of law on behalf of a County and its law enforcement officers in a Section 1983 civil rights suit filed in the U.S. District Court for the Southern District of Mississippi. Plaintiffs alleged the officers violated their Fourth Amendment rights by searching their apartment and seizing suspected evidence of criminal activity. The Court held that the plaintiffs' claims were not supported by the evidence and that the officers proved they were entitled to qualified immunity.

TIMOTHY M. PEEPLES - May, 2012. Obtained dismissal of a former employee's lawsuit by way of summary judgment in federal court in the Northern District of Mississippi. The Court found that the plaintiff could not satisfy his burden of proof on his claims of age discrimination and retaliation under the Age Discrimination in Employment Act and the Fair Labor Standards Act.

MATTHEW T. VITART and GEORGE E. ABDO - April, 2012. Obtained judgment as a matter of law for defendant homeowners in a premises liability lawsuit in the Circuit Court of Jefferson County, Mississippi. The Plaintiff alleged that deteriorated flooring was a dangerous condition that caused him to fall through the floor resulting in an injury to his knee and genitals. The Court held that plaintiff did not sustain his burden of proving the existence of a dangerous condition, or that any such condition was the proximate cause of his injuries, or that the homeowners were negligent in any way.

EDWARD C. TAYLOR   and STEPHANIE G. BEAVER - April, 2012. Obtained dismissal of plaintiff's premises liability lawsuit against a local restaurant on motion for summary judgment in the Circuit Court of Harrison County, Mississippi, Second Judicial District. The Plaintiff alleged that a landscape light in the garden area of the courtyard was a dangerous condition that resulted in burns to a three year-old child. The Court held that plaintiff did not sustain her burden of proof in her claim that a dangerous or hazardous condition existed or that the restaurant was in any way negligent in its placement or maintenance of the light.

ROBERT F. STACY, JR. - April, 2012. Obtained a defense verdict in a four-day jury trial in the Circuit Court of Union County, Mississippi. The jury determined that the defendant construction company and its employee were not negligent in a personal injury action. Plaintiff alleged that while sampling concrete he sustained serious back and upper extremity injuries such that he could no longer pursue his construction and MMA career. Plaintiff demanded $1 million prior to trial and sought approximately $4.5 million during closing argument.

B. STEVENS HAZARD  and STEVEN J. GRIFFIN - March, 2012. Obtained judgment as a matter of law on behalf of a local airport and related municipal entities in a federal case where an airport tenant alleged various violations of his rights under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment, as well as state law claims arising out of his treatment by airport board and local government officials during the course of his tenancy. The plaintiff claimed local officials had discriminated against him and had destroyed his property without due process. The Court found the plaintiff had not exhaused his administrative remedies under the Federal Availabtion Act, and his state law claims under the Act were preempted by federal law. The Court futher held several of the plaintiff's claims were barred by the applicable statute of limitations or Mississippi Tort Claims Act, and he had failed to set forth sufficient evidence to survive summary judgment on all remaining allegations.

JOHN A. WAITS - March, 2012. Obtained a defense verdict in a jury trial in Simpson County, Mississippi. The jury determined that the defendants, a transportation company and its driver, were not negligent in a motor vehicle accident on Highway 49S. The plaintiffs alleged the defendant driver pulled out in front of their vehicle, and caused the accident by failing to yield the right of way.

TIMOTHY M. PEEPLES - March, 2012. Obtained a plaintiff's verdict in a jury trial in the Second Judicial District of Panola County, Mississippi. The jury determined that the defendants, who had borrowed plaintiff's tractor, were negligent and that their negligence resulted in the tractor being stolen by an unknown third party. The defendants refused to offer any money to settle the case prior to trial.

CHRISTOPHER H. MURRAY - February, 2012. Obtained a defense verdict at a bench trial in Baldwin County, Alabama District Court. The defense verdict was for the driver of the rearmost vehicle in a three vehicle accident, where there was a dispute as to which vehicle caused the plaintiff's damanges. The plaintiff failed to prove liability as to either vehicle. Both our client and the co-defendant had judgements entered in their favor.

ROBERT F. STACY, JR., and SHELLY M. BASS - February, 2012. Circuit Court of Lee County granted Motion to Dismiss in favor of law firm and attorney dismissing various claims based upon allegations of fraud and misconduct by the parties, their attorneys, and their insurers in prior lawsuit and settlement.

TIMOTHY M. PEEPLES - February, 2012. Received an Order granting defendant car dealership's Motion for Summary Judgment in federal court in the Northern District of Mississippi. The plaintiff alleged that he had been wrongfully terminated on the basis of his race and religion, and the defendant contended that the termination was necessary because the plaintiff made offensive remarks to a long-time customer.

ROBERT S. ADDISON and STEVEN J. GRIFFIN. January 2012. Obtained judgment as a matter of law in defense of a local municipality where the plaintiff motorcyclist struck an abandoned vehicle on the shoulder of an interestate highway, causing serious personal injuries. The plaintiff claimed the local municipality should have removed the abandoned vehicle prior to the accident. The Court held the municipality's duty was discretionary, and the municipality was immune under the Mississippi Tort Claims Act.

GEORGE E.ABDO - January, 2012.   Obtained a defense verdict in a three-day jury trial in Lowndes County, Mississippi, in suit against a local water association alleging damages to a building and land due to a land slide allegedly caused by a leak in a water main.

JOHN S. GONZALEZ - December, 2011. Administrative Judge ruled that Trucking Company was not responsible to truck driver for disability and needed surgery under the MS Workers' Compensation Act for three claimed injuries to his neck and back. Claim was dismissed when Employer proved that claimant had reported a total of 12 injuries during the course of his employment, all unwitnessed, and was impeached with collateral evidence at hearing after claimant alleged that he had not injured his neck while on vacation the week before his return to work when his final claim of infury was made within 30 minutes of his return. Ruling held that claimant's testimony was without credibility and his need for surgery was due to an intervening event.

ROBERT ADDISON andSANDRA BUCHANAN – November 2011. Obtained summary judgment in favor of defendant landromat and business owner in lawsuit in Hinds County Circuit Court arising out of a shooting incident which occurred on the premises of the business. The plaintiff alleged the defendants failed to provide adequate security measures, given the amount of crime in the area and the regular presence of panhandlers. The Court held that plaintiff did not sustain his burden of proving the existence of an atmosphere of violence on the premises, or that the defendants’ acts or omissions were the proximate cause of his injuries, or that the defendants were negligent in any way.

EDWARD C. TAYLOR and STEPHANIE G. BEAVER November, 2011. Obtained a verdict that their client was not at fault for a collision involving his vehicle and a horse drawn cart, which was operating on a dark highway without lights or reflectors.

TERRY D. LITTLE - November, 2011. Obtained jury verdict in a trip and fall case for a defendant retailer in Tippah County Circuit Court.

WILTON V. BYARS, III and SHELLY M. BASS - August 2011. Obtained summary judgment for Quitman County, Mississippi, in a suit arising out of trip and fall accident at the County Jail. The court found that the plaintiff did not prove a dangerous condition existed and that the defendant was immune under the Mississippi Tort Claims Act because the alleged dangerous condition was open and obvious and, alternatively, the defendant did not have actual or constructive notice of any alleged danger.

BRENDA G. LONG - August 2011. After the trial court ordered the joinder of an insurer as party in interest to a counterclaim filed by the insured and also ordered the insured to produce four individuals who were out of state employees and agents of the insurer for deposition, a petition for interlocutory appeal was granted. The Mississippi Supreme Court reversed and remanded both issues first holding that once the insurer submitted its Rule 17(a) Ratification the insurer was not a party in interest and the trial court erred in requiring the insured to be made a party, and second that the trial court abused its discretion in ordering that the insured be compelled to produce for deposition in Mississippi four individuals who were not parties to the litigation, not Mississippi residents and not employees of the insured.

TIMOTHY M. PEEPLES - July 2011. Obtained dismissal of an ERISA claim filed by the spouse of an electric power association (EPA) employee. The spouse had received approval on two prior occasions for certain medical treatment of her illness, but when the EPA amended its health care plan in 2008, the plan deemed the treatment that she had received in the past to be "experimental" and, therefore, not a covered procedure. The federal district court judge in the Southern District of Mississippi applied longstanding ERISA law and granted the defendant's Motion for Summary Judgment, finding that the EPA had the authority to amend its plan despite previously paying for the procedure in question under different plan documents and that, under those amendments, the procedure in question was not a covered procedure under the plan.

ROBERT F. STACY, JR. - July 2011. Obtained summary judgment for national quick serve restaurant chain in Harrison County, Mississippi in a slip and fall case where court determined that warning signs were adequate.

ROY A. SMITH, JR., - July, 2011 - A Summary Judgment previously obtained in the United States District Court, Eastern Division, regarding a bad faith insurance case, was  affirmed on appeal by the Fifth Circuit Court of Appeals.

JOHN S. GONZALEZ - July, 2011. Workers' Compensation Judge denied disability benefits to injured employee when Casino employer proved that the employee had failed to return for work with the Casino or had made timely efforts to find work upon release by treating doctor, and further demonstrated that the manner in which job efforts were made by employee, were neither reasonable nor calculated to lead to employment. Further, testimony showed that Casino notified employee of Casino's willingness to accommodate permanent restriction however such accommodation was ignored by employee.

ROBERT F. STACY, JR. .and SHELLY M. BASS , - May 2011. Obtained summary judgment in Circuit Court of Madison County, Mississippi on plaintiffs' claims of defamation and interference with contract against accountant arising out of fraud examination services of a housing authority.

ROBERT F. STACY, JR., May 2011- Obtained arbitration award in favor of automobile dealership on plaintiff's claims of breach of warranty and breach of contract for allegedly rolling back an odometer on a pre-owned vehicle purchased by plaintiff.

TIMOTHY M. PEEPLES - May, 2011. Obtained dismissal of misdemeanor charges brought against a client's employee in Municipal Court in Columbus, Mississippi. the employee was accused of striking the accuser's vehicle with his company vehicle and leaving the scene of the accident.

B. STEVENS HAZARD, JASON H. STRONG and MICHAEL R. KELLY - March, 2011. Obtained summary judgment for defendant agricultural manufacturers in high exposure product liability action where plaintiff alleged combine was defective and caused plaintiff to sustain severe injuries, including bilateral below knee amputations. Court entered summary judgment after excluding plaintiff's engineering expert pursuant to defendants' Daubert motion.

ROY A. SMITH , JR. and STEVEN J. GRIFFIN March, 2011. Obtained summary judgment for the defendant in a premises liability case where the plaintiff alleged there was a dangerous condition in the defendant's parking lot.

ROY A. SMITH, JR.  and STEVEN J. GRIFFIN March, 2011. Obtained summary judgment for Lawrence County, Mississippi, in a suit arising out of an accident involving a washed-out roadway caused by heavy rains. The court found the defendant immune under the Mississippi Tort Claims Act for its discretion in placing warning barricades and because the condition of the road was open and obvious.

GEORGE E. ABDO, III February, 2011.  Obtained summary judgment for Scott County, Mississippi in a suit arising out of a motor vehicle collision between a sheriff's deputy and plaintiffs' vehicle. The court found that plaintiff failed to establish reckless disregard as required by the Mississippi Tort Claims Act.

MICHAEL B. DICKINSON February, 2011. Obtained a declaratory judgment for a local Fire Protection District authorizing fee assessments funding the district in a case where the home owners were claiming the assessment was an illegal tax, and thus, had allegedly collected over $10,000,000 in illegal fees over the years.

ROY A. SMITH, JR. and SANDRA D. BUCHANAN February, 2011.  Obtained a unanimous jury verdict for the defense in a trial held in United States District Court for the Southern District of Mississippi in a case involving misrepresentation and the Magnuson-Moss Warranty Act.

WILTON V. BYARS, III and TIMOTHY M. PEEPLES - February, 2011. Following a two-day bench trial, the United States District Court for the Northern District of Mississippi granted a defense verdict, denying plaintiff any recovery on its $2.4 million claim for damages arising out of the defendant demolition company's alleged negligent removal of large storage racks anchored to the concrete slab floor of a 910,000 square foot warehouse.

MICHAEL B. DICKINSON - February, 2011. Dismissal obtained in Harrison County in favor of a commercial real estate company over a contract. Plaintiff unsuccessfully attempted to pierce the corporate veil.

GEORGE E. ABDO, III January, 2011. Obtained a defense verdict in favor of a volunteer fire department in a bench trial in the County Court of Rankin County, Mississippi. The court found that our volunteer fireman did not act with reckless disregard in causing an accident while responding to a fire call.

B.STEVENS HAZARD - January 2011. Obtained summary judgement for defendants in a premises liability case where plaintiff alleged she was assaulted on the premises of defendants. The Court found plaintiff to be a licensee since she entered into the premises for an illegal purpose.

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